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(영문) 대구지방법원 2015.07.24 2014노3443
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (one million won of fine) declared by the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below has such favorable circumstances as the confession of the crime of this case and the fact that there is no record of criminal punishment exceeding the fine, etc. However, the crime of this case was committed in collusion with the defendant A, while the defendant had no intent and ability to repay the deposit without value of security by borrowing the deposit, in collusion with the financial institution, the crime of this case was committed by deceiving the victims in spite of the intention and ability to repay the deposit without value of security, and the crime of this case was committed in collusion with the victim, and the crime of this case was not committed in bad quality. The above fraud amount is not much significant. The above crime of this case is not committed by the victims, even though more than 3 years have passed since the crime of this case, the victim did not agree with the victims, property and mental suffering suffered by the victims, and the victims want to repeat the punishment of the defendant's severe punishment, and the defendant had no record of criminal punishment twice due to the same crime, the age, character, environment, motive of the defendant, means and result of the crime of this case, the record and circumstances of this case, etc.

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

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the phrase “1. Induction” in the application of the law of the court below ex officio shall be corrected as the phrase “B” under Articles 70 and 69(2) of the Criminal Act, which was amended by Act No. 12575 of May 14, 2014, which was amended by Act No. 12575 of May 14, 2014.

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