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(영문) 대전지방법원 2017.12.06 2017노2504

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: 2 years of imprisonment with prison labor, 2 years of imprisonment with prison labor, and 6 months of imprisonment with prison labor) of the lower court is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and against the mistake, support the wife and children, and are in an economic difficult situation.

However, in light of the details and contents of each of the crimes of this case and the applicable law, the total amount of the crime of defraudation by the 1st of the judgment below exceeds 453 million won, the defendant had been punished several times for the same type of crime, and the defendant has committed repeatedly the crimes of Articles 1 and 2 of the judgment of this case without being aware of it during the period of repeated crime, the victims' damage was not recovered, and the victims did not agree with the victims, etc. are disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means, and consequence of the crime, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment differently from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.