beta
(영문) 대구지방법원 2019.01.30 2018노3870

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant recognized and reflected the instant crime.

In relation to the fraud of card use, the defendant paid a part of card price by himself and actually suffered economic damage from the victim does not reach the amount of fraud, and the other victims paid a part of the amount of damage.

This is the circumstances favorable to the defendant.

Defendant has been punished for the same kind of crime.

Even though the total amount of damage caused by each of the instant frauds was considerably significant, the damage was not recovered from the victims, and the victims did not receive a letter of compensation.

This is disadvantageous to the defendant.

In addition, if there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment, and all of the sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct, environment, motive and circumstance of the crime, etc. of the Defendant, are taken into account, the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.