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(영문) 대구지방법원 2020.12.17 2020노159
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than 11 months) by the court below is too unreasonable.

2. The facts that the Defendant recognized each of the instant crimes and against the mistake, and that the Defendant repaid approximately KRW 4.7 million to the victimO are favorable circumstances.

However, in full view of the following facts: (a) although the victim of this case is a majority and the amount acquired by deception is not much than 55 million won, it was not paid to the victims due to the failure to pay them properly until the trial is in fact; (b) considerable part of the borrowed money was consumed in gambling and the liability for the crime was not mitigated; (c) the means of access leased by the defendant was actually used for the crime of fraud; (d) the means of access was in fact used for the crime of fraud; and (e) the personal benefit was acquired in the process; and (e) other various circumstances, such as the defendant’s age, character and conduct, environment, motive and background, means and consequence of the crime, and the circumstances after the crime was sentenced, and there are no new circumstances or special changes that could be reflected in the sentencing

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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