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(영문) 대구지방법원 2017.12.21 2017노4728
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each punishment sentenced by the court below (a crime of fraud under Paragraph 1 of the judgment below: imprisonment with prison labor for 4 months, and imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

B. The Prosecutor’s each sentence sentenced by the lower court is too uneasible and unreasonable.

2. The lower court rendered each of the above punishments in consideration of the favorable circumstances, such as the fact that the amount of damage in this case is considerable, that the Defendant committed a crime during the period of the suspension of the execution of the same kind, that the Defendant did not make any effort to repay damage to the Defendant, that the Defendant did not agree, and that the Defendant was a criminal act deceiving the victim by actively notifying the victim of false facts, not simple loan fraud, and that the Defendant appears to have led to confession and reflect, and that some of the money was paid to the victim prior

In addition to the circumstances taken into account by the court below, the fact that the court below was unable to receive a letter from the injured party until the party's trial is held shall be considered disadvantageous.

In full view of the Defendant’s age, sex, environment, health, background leading to the commission of the crime, degree of participation in the crime, means and consequence, scale of the crime, circumstances after the crime, etc., which can be known through records and pleadings, each sentence sentenced by the lower court appears to be appropriate, and the lower court’s judgment exceeded the reasonable bounds of its discretion.

There is no circumstance in which the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that each sentence imposed by the lower court is too heavy or unfasible as alleged by the Defendant or the prosecutor, and thus unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 4 of the judgment of the court below).

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