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(영문) 대구지방법원 2019.10.11 2019노2982
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant is fully aware of and reflects the Defendant’s mistake; and (b) the crime of this case is in a concurrent relationship between the crime of fraud for which the suspended sentence of imprisonment has become final and conclusive with respect to the Defendant and the latter part of Article 37 of the Criminal

However, in light of the background and methods of each of the instant crimes, the number of crimes, etc., the nature of the crime was extremely poor, the total amount of fraud damage was higher than KRW 150 million, but did not properly recover from damage to the trial, and the victim B did not agree with the victims. In particular, the victim B suffered serious economic damage, such as being declared bankrupt due to the instant crime, and the mental suffering therefrom seems to have been considerable, and other circumstances that are the conditions for sentencing specified in the instant pleadings, including the Defendant’s age, character and behavior, environment, family relationship, motive for the crime, and circumstances after the crime, etc., the lower court’s punishment is too excessive to the extent that it is deemed to have exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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