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(영문) 대구지방법원 2021.02.17 2020노3843

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Although the Defendant has made a confession of all the facts constituting the crime recognized by the lower court once in the first instance court, there is no change in the special conditions of sentencing compared with the lower court.

The sum of the amount of fraud in this case reaches approximately KRW 370 million, and there was no additional recovery from damage, and the defendant did not receive a letter from the injured party.

In addition, taking into account all the factors of sentencing, such as the Defendant’s age, occupation, health, family relationship, criminal record, details and method of deception, circumstances after the crime, etc., some of the circumstances leading to the instant crime may be considered.

Even if the court below's sentence against the defendant is not hot.

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