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(영문) 대구지방법원 2014.10.30 2014노2948

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The facts that all of the crimes have been recognized in the trial for judgment, and the crimes committed by the Defendant are committed in relation to the crime of fraud for which judgment has become final and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, and the fact that equity should be taken into account with the case of concurrent crimes under Article 39(1) of the Criminal Act, etc. that are favorable to the Defendant, or that the amount acquired by the Defendant, etc. is considerable amount of money obtained by the victims, the victims’ damages have not been recovered, the degree of the Defendant’s participation in the crime is difficult to be deemed to be small, and that there is a history of criminal punishment for imprisonment with prison labor

In full view of these circumstances, Defendant’s character and conduct, intelligence and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the records and pleadings, it is difficult to view that the sentence imposed by the court below is too unreasonable because it is too unreasonable. Thus, Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

However, criminal facts in the judgment below are as follows: 1. Defendants, E, and F's joint criminal conduct.

A. Inasmuch as it is apparent that the first part of the 3rd part of the “instant clause of fabrication of private documents” is a clerical error in the “ around July 16, 2012,” the correction is made ex officio in accordance with Article 25 of the Regulation on Criminal Procedure.

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