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(영문) 대구지방법원 2020.04.29 2020노408
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year and two months of imprisonment and four months of suspended sentence) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that a defendant recognized his/her act and reflects his/her act is favorable to the defendant.

However, in full view of the following circumstances: (a) the crime of this case was committed by deceiving a person in a business trust relationship during the period of the suspension of the execution of the same kind of business, by deceiving the person in a business trust relationship, or embezzling the money by personal means for the person in a business relationship; (b) the sum of embezzlement and defraudation exceeds KRW 120 million; (c) the father of the defendant did not recover damages other than paying KRW 500,000 to the victim T before the victim T files a complaint against the defendant; and (d) the records and arguments of this case, there is no such circumstance that the sentence imposed by the court below is appropriate; and (e) it is deemed that the judgment of the court below was judged to have exceeded the reasonable limit of discretion or that it is unfair to maintain it as it

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

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

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, up to 11th through 12th of the judgment of the court below, the defendant was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. at the Daegu District Court on March 22, 2018, and the above judgment was finalized on March 30, 2018.

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