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(영문) 대구지방법원 2017.02.03 2016노5057
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the defendant's mistake is divided, there is no past record of punishment heavier than a fine, and the victim's non-national card Co., Ltd. is repaid KRW 1.5 million to the victim's non-national card.

However, in light of the form, method, frequency, etc. of each of the instant offenses, etc., the most damages have not been recovered, even though the damage amount reaches 23 million won in total, and the defendant did not receive a letter or agree with the victims, and the defendant has the history of being punished for the crime of forging or accompanying a private document of the same kind, and other factors, such as the defendant's age, sexual behavior, environment, motive, means and consequence of each of the instant offenses, and the scope of recommended sentencing guidelines for the enactment of sentencing guidelines by the Supreme Court and the Supreme Court’s sentencing committee, such as the circumstances after the commission of the instant offenses, are considered, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In 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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