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(영문) 대구지방법원 2017.05.18 2017노542

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable because the sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The lower court, based on the circumstances that the amount of damage caused by each of the instant crimes exceeds KRW 200 million and is not less than that of the crime, and that the Defendant failed to make full efforts to recover damage to victims C and E, the Defendant reflects the Defendant, deposited the amount of damage to the National Health Insurance Corporation, and deposited the amount of damage to the victims, etc., the lower court sentenced the above punishment, respectively, by taking account of favorable circumstances.

In addition to the above circumstances, the court below takes into account the following circumstances: even if the defendant's half of the total amount of money received by the victim C from the fraternity where the victim C is a leading party, the amount acquired by the defendant is a large amount exceeding 100 million won; and the crime against the victim C is a crime using personal trust relationship.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s judgment of sentencing exceeded the reasonable bounds 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 unfair because it is too unreasonable as the Defendant alleged.

3. In 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.