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(영문) 대구지방법원 2018.02.22 2017노5143

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. The lower court rendered the above sentence by taking into account the following favorable circumstances: (a) the total amount of damage exceeds KRW 300 million and the amount of damage has not been recovered; (b) the one year and six months have been sentenced to imprisonment for a crime of fraud in 2010; and (c) the three times before and after the same crime were committed; and (d) the other party’s repayment of KRW 28 million to the victim E, respectively.

In addition to the circumstances considered by the lower court, the Defendant’s severe punishment was sought until the victims (C, D, and E) were examined, and the Defendant’s escape life was committed for about eight months after the crime of this case, respectively.

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 sentencing judgment 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.