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(영문) 대구지방법원 2014.05.15 2014노923
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below against the defendant (ten months of imprisonment) is too unreasonable.

2. The fact that all of the instant crimes are recognized and reflected, that there is no criminal punishment after being punished by a fine on or around 2001, and that the Defendant’s health status is not good, etc. are favorable to the Defendant.

However, the fact that the amount of fraud caused by the crime of this case is considerable, the damage of the victims is not completely recovered until the trial of the case, and the defendant does not use money under the name of the victims and does not seem to have used money under the name of personal consumption, and the crime is not good.

In full view of such circumstances as the character and conduct, the environment, the motive and circumstances of the instant crime, and the circumstances after the instant crime, the lower court appears to have taken into account most favorable circumstances, and there is no change in circumstances that could vary between the lower court and the punishment.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

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

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