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(영문) 대구지방법원 2016.10.19 2016노2951

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant, when making a judgment in the first instance, has made a confession of all crimes and is against the law, and that the sentence should be imposed in consideration of equity between fraud, etc. for which judgment has become final and conclusive and the case where each of the crimes of this case

However, it is not recognized that the lower court’s punishment is too unreasonable, considering all of the sentencing conditions stated in the instant pleadings, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of each of the instant crimes, and the circumstances after the crime, etc., when considering the fact that the Defendant has been sentenced one time to a fine, one time of suspended execution, three times of punishment, and there was the record of punishment for the same kind of crimes among them, that there was a total of 1.1 million won, and that the amount of fraud was not recovered at all, but did not agree with the victims, and that there was no change of circumstances that may otherwise be determined with the lower court.

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 as it is without merit. It is so decided as per Disposition.

[However, since the application of the law in the judgment of the court below is obvious that the "Article 347 (1) of the Criminal Act" is a clerical error in the "Article 347 (1) of the Criminal Act", the correction is made ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.