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(영문) 대구지방법원 2016.03.16 2015노1218
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty of a fine of KRW 2 million imposed by the court below is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the facts charged in this case and reflects his mistake, that the total amount of damage is relatively large to KRW 283,500, but there is a history of criminal punishment on several occasions, such as one time to suspend the execution due to the same fraudulent act, ten times a fine, etc., and that damage has not been recovered to the trial, and that damage has not been recovered to the trial. The court below appears to have determined the punishment by fully considering the favorable circumstances for the defendant. There is no special change in circumstances that could change the sentence of the court below after the decision of the court below, and there is no other change in circumstances that could change the sentence of the court below after the decision of the court below, and it is not recognized that the punishment of the court below is unfair because it is too too large, and therefore, the defendant's argument is not justified.

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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