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(영문) 대구지방법원 2013.09.26 2013노290

사기

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant's summary of the grounds for appeal is against the defendant, the punishment of the court below (three million won of fine) against the defendant is too unreasonable.

2. The fact that the defendant agreed to pay a certain amount for each month to the victim and the victim voluntarily withdraws the complaint, and that the defendant is going against and does not repeat the complaint, etc. are favorable circumstances.

However, the fact that the criminal act of this case is not good and that the amount of fraud is not so big that the crime is bad and the damage is not completely recovered, etc. is disadvantageous.

In full view of the above circumstances, such as the character, conduct, environment, etc. of the Defendant, the lower court appears to have taken into account most favorable circumstances, and there is no change in circumstances that would vary between the lower court and the sentence.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.