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(영문) 대구지방법원 2017.06.15 2017노807

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below against the defendant

(1) A crime: a fine of KRW 1,000,00,000, as stated in its holding; 1. A, B, C, or D

(2)each of the crimes of paragraphs (3), (4), (5), (f), (g), and (2-7 of the holding: imprisonment with prison labor for one year) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible and unreasonable.

2. The lower court rendered the above sentence by taking account of the following favorable circumstances: (a) the Defendant had a criminal record of the same kind of meetings; (b) the Defendant continuously committed the additional fraud in the middle of or after having been released from the prison for the same crime; (c) the victims are many and the victims are bad; (d) the Defendant was aware of all the crimes; and (e) the Defendant was committed against himself; and (e) the victim D, G, L, U, and AI agreed with each other; and (e) the victim C, S, U, and AL paid a certain amount of damage.

In addition to the circumstances that the court below considered as above, the defendant committed the crime of this case during the period of the same repeated crime, the defendant committed the crime of this case during the period of the same repeated crime, the damage amounting to 16 million won has not been recovered, and the circumstances favorable to the agreement made with the victim T, K, AL, and AP have been considered in the first instance trial, respectively. In full view of all the sentencing conditions, including the defendant's age, sexual conduct, environment, health, circumstances leading to the crime, means and result, scale of the crime, and circumstances after the crime, etc., the sentence of the court below appears to be appropriate, and the judgment of the court below exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is too heavy or unfasible as alleged by the Defendant and the prosecutor, and thus, it is unfair.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.