beta
(영문) 대구지방법원 2017.07.07 2017노1625

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of 1 year and 10 months sentenced by the court below is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We examine the unfair sentencing of the Defendant and the prosecutor together with each of the following facts: (a) the Defendant committed a part of the crime at the lower court; (b) recognized all of the facts charged in this case when the Defendant was found to have been guilty; (c) took part in the distribution procedure of real estate; and (d) took part in the damaged financial institutions to recover a considerable amount of damages; (d) the Defendant did not have any criminal record exceeding the same kind or fine; and (e) the crime of this case was committed by forging a large number of real estate lease contracts, sales contracts, etc.; and (e) taking advantage of the method and frequency of the crime; (e) taking account of the method of the crime; (e) taking account of the fact that the sum of the money acquired by the Defendant through the crime of this case exceeds KRW 70 million,00,000,000; (e) there is considerable amount of damages not recovered until now; and (e) there is no reason to recognize the Defendant’s punishment against the Defendant, including the Defendant’s age and the circumstances of this case, etc.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 6 of the judgment of the court below). However, the "N apartment No. 1510 No. 301" of the 6th page 19 of the judgment of the court below.