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(영문) 대구지방법원 2020.01.10 2019노4383

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years of imprisonment, confiscation) imposed on the Defendant by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

It is recognized that the defendant recognized all of the crimes of this case and reflected, the defendant was punished once by a fine due to drinking driving, and there was no previous or different criminal records, and the family members of the defendant want to have the defendant's wife against the defendant.

However, the crime of this case was involved in the crime of Bosing fraud as a cash collection book and a remittance book. Considering the serious social harm of the crime of Bosing fraud, it is necessary to severely punish not only the total book, but also the case where he participated in the members of subordinate organizations, such as withdrawal book, cash collection book, remittance book, etc. It is recognized that the crime of this case was stolen by 72 million won in total from 4 victims, and that there is a large number of victims, the amount of the money obtained, the amount of the money is large, and the victim did not agree with each other.

In addition, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.