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(영문) 대구지방법원 2014.08.28 2013노3786

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) is too unreasonable in light of the fact that the defendant's error is divided and reflected in the gist of the grounds for appeal.

2. Determination is the primary offender who had no criminal record, and all of the instant crimes are recognized and reflected, etc. are favorable to the Defendant, and the Defendant, including at least one year old and two years old, must raise three children.

However, the fact that the amount acquired by the defendant is a large amount of up to 190 million won, the amount of damage of the victim who has yet to be recovered has reached KRW 119 million and has not agreed with the victim, and the victim seems to have suffered considerable pain due to the crime of this case, and the defendant committed the crime of this case by using the fact that the victim's intellectual ability is lacking, etc. which is disadvantageous to the defendant.

In full view of the conditions of sentencing as shown in the records and arguments, such as these circumstances, character and behavior, environment, relationship with victims, motive, means and consequence of the crime, etc., the sentence imposed by the court below is not unfair.

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