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(영문) 대구지방법원 2019.05.24 2019노174
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances favorable to the defendant are that the defendant recognized his mistake and reflected his mistake, and that the amount of damage in this case appears to have been returned to the victim.

However, the crime of this case is a so-called "tendering," which is committed systematically and systematically against many and unspecified persons, and is very bad to commit the crime, and its social harm is serious.

In addition, since the crimes of Bosing are more intelligent with the law of crime, and are carried out in a variety of participants' participation, it is necessary to strictly punish those participants who take charge of the role of withdrawing or conveying cash in order to eradicate it.

Furthermore, even though the defendant had been investigated several times by similar cases in investigation agencies, it is highly likely to be criticized in that he committed the crime of this case.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., it cannot be deemed that the lower court’s punishment is too unreasonable to the extent that it is deemed that the Defendant exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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