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(영문) 대구지방법원 2019.08.30 2019노2011
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the prosecutor asserts that the prosecutor too unhueded and unfair, and the defendant asserts that it is too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant recognized his mistake and against himself, and the fact that the Defendant repaid KRW 15 million to the victim, etc.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant repeatedly acquired money through the victim's personal trust during a considerable period of time is bad, that the amount of money acquired through deception is more than 58 million won, but the recovery of damage was not properly achieved until the judgment of the party, that the defendant did not receive money from the victim, and that there was the same kind of criminal records.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower court’s judgment, it cannot be deemed that the lower court’s punishment is too light or unreasonable to the extent that it is deemed that the lower court’s punishment exceeded the reasonable scope of discretion.

3. The appeal by the conclusion prosecutor and the defendant is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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