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(영문) 대구지방법원 2015.06.04 2015노679
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. In the first instance trial, the Defendant recognized all of the instant crimes and reflected the mistake, and the fact that the Defendant appears to have endeavored to agree with the victim is favorable to the Defendant.

On the other hand, the acquired amount of money reaches KRW 76 million, and the remaining KRW 56 million, excluding KRW 20 million paid by the victim by the accomplice B, who is the accomplice, has not been recovered, the victim wanted to punish the defendant, and the fact that the defendant had the same criminal record is disadvantageous to the defendant.

In addition, in light of the defendant's age, character and conduct, environment, circumstances and results of each of the crimes in this case, all of the sentencing conditions in this case, such as the age, character and conduct, circumstances after the crime, and the application of sentencing guidelines by the Sentencing Committee of the Supreme Court [decision of type] and the basic area where there is no type 1 (less than KRW 100 million) [decision of recommending punishment] [decision of recommending punishment]: In full view of six months to one year and six months, etc., the court below's punishment is too unreasonable, so the defendant's above assertion is without merit.

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

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