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(영문) 대구지방법원 2017.02.16 2016노5303
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The Defendant is against the charge, and the lower court agreed with the victim G and the Plaintiff to provide social services, which have been brought about by halogen, and the victim E, and they do not want to be punished by the Defendant. The Defendant has no same criminal history.

However, the sum of the damage amount in this case exceeds KRW 170 million, the amount for which no agreement has been reached is KRW 60,000,000, and the agreement with E in the case of the party is also based on the premise of continuous repayment, not on the full payment of the amount of fraud. In addition, taking into account various circumstances that form the conditions for sentencing specified in the records, such as the Defendant’s age, environment, sexual conduct, and circumstances after the crime, the lower court’s punishment is unreasonable.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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