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(영문) 대구지방법원 2018.06.21 2017노5381

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence sentenced by the court below to the summary of the reasons for appeal (two years of suspended sentence in October) is too unreasonable.

2. The lower court sentenced the above punishment by taking into account the favorable circumstances such as the fact that the Defendant’s mistake is divided and the victim does not want the punishment of the Defendant.

Even when taking into account the favorable circumstances in light of the lower court’s consideration, the instant case is not deemed unfair to have exceeded the reasonable bounds of discretion or to maintain it as it is, in full view of the following: (a) the Defendant, in collusion with A and B, acquired KRW 100 million from the damaged person; (b) the unfavorable circumstances, such as the method of the crime, the fact that the nature of the crime is heavy in light of the amount of deception; and (c) the Defendant’s age, sexual conduct, environment, circumstances leading to the crime, means and consequence; and (d) all of the sentencing conditions, such as the scale and consequence of the crime (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the foregoing argument by the Defendant is without merit.

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