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(영문) 대구지방법원 2018.06.22 2018노1113
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. The following circumstances are favorable: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the victims do not want punishment against the Defendant by mutual agreement with the victims at the lower court; and (c) each of the instant crimes was committed on February 6, 2016 in relation to the crime of fraud, which became final and conclusive on February 6, 2016, and the relationship between a group of concurrent crimes after Article 37 of the Criminal Act and a group

On the other hand, each of the crimes of this case was committed by deceiving victims without the intention or ability to deliver the sales proceeds of automobiles to the victims, and the quality of the crime is not good, and the defendant has a record of criminal punishment several times for the same kind and the crime was committed in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on July 21, 201. In particular, each of the crimes of this case was committed repeatedly during the period of repeated crimes without being aware of the fact that he/she was sentenced to two years of imprisonment after the execution of the punishment was completed on October 26, 2012.

In full view of the above circumstances and the facts that there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment, all of the factors indicated in the arguments in the instant case, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, and the scope of recommended sentences based on the sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the lower court is too unreasonable as it is too unreasonable.

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

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