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(영문) 대구지방법원 2016.01.28 2015노4796
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstance in which the Defendant recognized the mistake of the instant crime and considered it in depth is recognized.

However, even before committing the crime of this case, the defendant has been punished several times including punishment for fraud.

Although the amount of defraudation of the crime of this case exceeds KRW 120 million in total, it did not reach the recovery of damage or the agreement with the victim up to the trial of the party.

The method of the crime of this case is very poor by the defendant's forging private documents and exercising forged documents.

The judgment below

There are no new data or changes in circumstances that can be considered in sentencing thereafter.

In addition, comprehensively considering the defendant's age, sex, environment, family relationship, etc., all the sentencing conditions shown in the records and arguments, the sentence of the court below cannot be deemed unfair because it is too unreasonable (the defendant's defense counsel argues that there is no mistake that the injured party was unaware of such fact as he was well aware of the defendant's situation, etc. However, in full view of the evidence duly adopted and examined by the court below, the defendant would complete the registration of transfer of ownership to the victim even though the defendant did not have the right to dispose of the real estate owned in the form

3. Thus, the defendant's appeal 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.

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