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(영문) 대구지방법원 2019.08.14 2019노828
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The judgment of the court below was given in favor of the defendant, such as the fact that the defendant repaid a total of KRW 2.5 million to the victim before the decision of the court below, and that the defendant has no criminal records subject to punishment for the same kind of crime. However, although considerable time has passed after the crime of this case, damage was not fully recovered and the defendant did not agree with the victim, considering the above favorable circumstances, the court below already reduced the fine notified in the summary order by taking into account the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, criminal records, etc., and all of the sentencing conditions stated in the records and arguments of this case such as the defendant's age, character and behavior, environment, motive, means

3. In conclusion, 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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