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(영문) 대구지방법원 2017.02.03 2016노5004
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. It should be recognized that the judgment of the defendant recognized the crime of this case and divided the mistake, appears to have endeavored to recover damage, and that there was no record of punishment exceeding the fine.

However, the amount of fraud by the crime of this case exceeds 400 million won, and the victim seems to have suffered a considerable economic and mental suffering.

There is no particular change in sentencing conditions compared with the original judgment because new sentencing materials have not been submitted in the trial.

In addition, in full view of the various circumstances that are the conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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