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(영문) 대구지방법원 2014.10.30 2014노1814
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The fact that the defendant's judgment was accepted in the first instance, and that the crime committed by the defendant is in the relation of fraud for which the judgment became final and concurrent crimes under the latter part of Article 37 of the Criminal Act, and that the case of concurrent crimes under Article 39 (1) of the Criminal Act and the case of equity should

However, the total amount of damage suffered by the victim was not at least KRW 83 million, and the defendant did not completely recover the damage to the victim until now, and the victim also wanted to be punished by the defendant, which is disadvantageous to the defendant.

In full view of the above circumstances and other circumstances shown in the records and arguments such as character, conduct, environment, family relationship, etc., the sentence imposed by the court below cannot be deemed to be unfair because it is too unreasonable. Thus, the above argument by the defendant is without merit.

3. In conclusion, the defendant's appeal 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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