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(영문) 대구지방법원 2017.01.20 2016노4134

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two-month suspended sentence of imprisonment for a period of eight months, one hundred and sixty-hours for community service) is too unreasonable.

2. It is recognized that the defendant's mistake is divided, the damage is partially repaid, the victim is the defendant's wife, the violation of the Illegal Check Control Act, fraud, etc., and the punishment should be imposed in consideration of equity with the case where each of the crimes of this case is adjudicated simultaneously.

However, even though the amount of defraudation exceeds KRW 210,00,000,000, a considerable amount of damage has not been recovered, there is no change in circumstances that can determine the age, sex, environment, motive, means and consequence of each of the crimes in this case, etc. in consideration of all of the sentencing conditions in the pleadings in this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of each of the crimes in this case, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.