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(영문) 대구지방법원 2015.07.09 2015노1604
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant is a favorable condition to the Defendant that recognized each of the instant crimes and reflects the mistake, that the Defendant deposited KRW 5 million for the victim when the Defendant was in the first instance, and that the Defendant did not have any criminal record exceeding the same criminal record or fine.

On the other hand, the defendant did not agree with the victim even in the name of KRW 40 million up to the judgment of the court, and the unrefised damage amounted to KRW 35 million, and the victim suffered serious damage, such as the sole property from the crime of this case exceeds auction, and the victim wanted to punish the defendant with severe punishment against the defendant.

In addition, the defendant's age, character and conduct, environment, background and result of the crime of this case, all of the sentencing conditions in this case, such as the age, character and conduct, circumstances after the crime of this case, and the result of the application of sentencing guidelines by the Sentencing Committee of the Supreme Court [decision of type] and the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court [Special Sentencing] where the victim causes serious damage [the scope of recommending punishment] : Where the victim has suffered serious damage [the scope of recommending punishment] aggravated area: In full view of imprisonment with prison labor for a year to two years, and six months, the defendant'

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

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