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(영문) 대구지방법원 2016.12.23 2016노4583
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a prison term of eight months, additional collection of twenty-seven million won) is too unreasonable.

2. It is recognized that the defendant repents his mistake.

However, the crime of this case is committed by acquiring money by deceiving a victim under the pretext of solicitation and good offices by using the victim's poor wife, and it is very bad to the nature of the crime, and there is a need to strictly punish the victim as to the fairness in the execution of public duties and the trust of the public. It is a large amount of damages up to 27 million won. Nevertheless, the damage was not recovered and the defendant did not agree with the victim. Nevertheless, the defendant has the records of suspended execution once of punishment for the same type of crime, once of suspended sentence, once of suspended sentence, once of suspended sentence, once of sentenced sentence, and once of sentenced sentence; there is no change of circumstances to determine the punishment differently from the judgment of the court below; the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case; and the circumstances after the crime, etc., it is not deemed that the sentence of the court below is too unfair, considering all the sentencing conditions of this case as stated in the arguments of this case.

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 since it is without merit. It is so decided as per Disposition.

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