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(영문) 대구지방법원 2015.09.24 2015노3054
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant is too unreasonable.

2. The judgment is that the Defendant recognized the instant crime and reflected the mistake, and that the Defendant was not guilty, is favorable to the Defendant.

On the other hand, the defendant transferred the above vehicle as security from the bond company with no knowledge of personal information about 5 days after leasing the vehicle from the victim, and transferred the vehicle to the victim as security. The victim paid the lease fee for 6 months and cut off contact with the victim, and the defendant was arrested as a separate fraud case, and the damage was not recovered from the name of 60,300,000 won to the trial.

In addition, the defendant's age, character and conduct, environment, background and result of the crime in this case, all of the sentencing conditions in this case, including the circumstances after the crime, and the result of the application of sentencing guidelines by the Sentencing Committee of the Supreme Court [decision of type] and the basic area of the defendant's punishment [the scope of recommending punishment] and there is no person who is a special person [the person who is less than KRW 100 million] [the scope of recommending punishment]. In full view of six months to one year and six months, etc., the court below's punishment is too unreasonable, and the defendant'

3. In conclusion, the defendant's appeal of this case 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.

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