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(영문) 대구지방법원 2021.02.17 2021노19
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized the instant crime and against the mistake.

The defendant did not have any history of punishment for the same crime, and paid 10 million won out of the amount of damage.

However, the amount of defraudation of this case reaches approximately KRW 55 million, and it was not received from the injured party.

In light of the fact that there is no special change in circumstances that could reduce the sentence of the court below when it comes to the trial, the punishment imposed by the court below against the defendant is not heavy, in consideration of all the factors of sentencing, including the defendant's age, occupation, family relation, details and method of deception, and criminal records (a crime during the period of suspension of execution due to the crime of this paper).

3. According to the 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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