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(영문) 대구지방법원 2014.10.16 2014노416
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below (4 million won of fine) is too unreasonable.

2. The fact that the defendant recognized all the facts charged and agreed with the victim is favorable to the defendant, but there is a need to strictly punish the crime of this case because it is not good that it undermines the general public's trust in judicial function. The fact that the defendant has been punished for the crime of fraud and the violation of the Attorney-at-Law Act is unfavorable to the defendant.

In full view of the above circumstances and other circumstances shown in the records and pleadings, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

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

(Article 116 of the Attorney-at-Law Act provides that money, valuables, or other benefits received by a person who has committed an offense under Article 109 subparagraph 1 of the same Act shall be confiscated, and if it is impossible to confiscate them, the equivalent amount shall be collected. The court below found the defendant guilty of violating the Attorney-at-Law Act. The court below omitted the amount of KRW 2,00,000, which the defendant spent by the defendant in payment from the victim, in the necessary collection under the proviso of Article 116 of the Attorney-at-Law Act. However, in this case where only the defendant appealed, the principle of prohibition of disadvantageous change under Article 368 of the Criminal Procedure Act is applied, and it cannot be imposed newly in the trial, and therefore, the above judgment of the court below cannot be reversed on this ground

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