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(영문) 대구지방법원 2017.10.20 2017노1458
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and two years of suspended execution) is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the facts charged and reflects the victim's mistake, and that the amount exceeding KRW 100 million, which is the damage amount, has been repaid. Meanwhile, the crime of this case is deemed to be unfair since the court below's punishment is too excessive, considering the following circumstances: (a) the defendant deceivings the victim as if he used in the operational funds of the company run by F for the purpose of receiving the payment of the money lent to F; (b) the amount acquired by the defendant amounts to KRW 100 million; (c) the defendant did not reach KRW 100 million; and (d) there was no special change in circumstances that could change the sentence of the court below after the sentence of the court below was sentenced; and (c) there is no other reason to change the sentence of the court below; and (d) there is no reason to believe that the sentence of the court below is too unreasonable,

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

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