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(영문) 대구지방법원 2020.12.09 2020노248
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant recognized the instant crime and reflects the mistake thereof, and the Defendant has no record of criminal punishment exceeding the fine.

However, the amount of defraudation of this case was not restored to the name of about 28 million won, and the victims did not receive a letter.

In the first instance trial, there is no special change in circumstances that could reduce the sentence of the lower court, and taking into account all the factors of sentencing, including the Defendant’s age, occupation, family relation, details and method of deception, and circumstances after the crime, the sentence of the lower court against the Defendant is not heavy.

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

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