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(영문) 대구지방법원 2016.02.17 2015노5101

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is a favorable condition that the defendant made confession of all of the crimes of this case and reflects the truth while being subject to a suspended sentence, and there is no record of criminal punishment exceeding a suspended sentence. However, in light of the period and frequency of the crime and the method of crime committed by deceiving three victims of the crime of this case by deceiving them about the economic power, execution of construction work, etc., and by obtaining the construction materials from the victims, it is not good that the crime of this case is not committed. The amount of damage as a result of the crime of this case exceeds KRW 130 million, and exceeds KRW 130 million, and most damage are not recovered, as well as most damage are not recovered. The defendant has already been subject to criminal punishment for the same kind of crime; the defendant has no special reason or change in circumstances that may be newly considered after the decision of the court below was made; the scope of the recommended punishment for the crime of this case [the basic fraud crime of this case: the motive of the defendant's imprisonment with prison labor for less than 150 million won or more; the defendant's motive of the crime of this case; the same type of punishment

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.