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(영문) 대구지방법원 2014.10.31 2014노1356
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court is too unreasonable.

2. It is recognized that the judgment of the defendant is against the confession of the crime, the fact that the defendant does not have the same criminal record, and that the defendant's economic situation is not good.

However, the crime of this case was committed by the Defendant, even if the Defendant received construction materials from the victim, even though he did not have the ability to pay the said materials, and was supplied with about 18 million won in total for three consecutive months without being able to pay the said fees, and the nature of the crime is not good. In addition to collecting 89 million won by seizing the Defendant’s claims after the crime of this case, the victim did not recover the remaining damages up to the trial, there was no effort to recover the damage of the Defendant, and the victim was punished, and there is no other circumstance after the crime was committed, such as the Defendant’s failure to attend several times at the investigation stage, and the Defendant was punished by a fine due to the violation of the Labor Standards Act, etc. In full view of other various circumstances, the lower court’s punishment is too unreasonable.

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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