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(영문) 대전지방법원 2015.10.07 2015노1846
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the court below on the defendant is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case and reflects his mistake, that the defendant agreed smoothly with the victim during the investigation process, and that there are circumstances to consider the motive for the crime of this case.

However, it is difficult to see that the amount of fine (3 million won) is high compared to the amount of fraud (as approximately KRW 9.78 million), the defendant has served as one time of suspended execution, seven times of fine due to the crime of double type, and the fact that the defendant committed the crime of this case during the period of suspended execution is disadvantageous to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

3. In conclusion, the defendant's appeal 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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