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(영문) 대구지방법원 2018.11.09 2018노3025
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized all of the instant offenses; and (b) the Defendant divided his mistake into two parts; (c) paid KRW 30 million to the victim; and (d) agreed with the victim; (c) the degree of injury to the victim was not excessive; and (d) the Defendant appears to have paid considerable money to the victim with the cost of transfer, etc.

On the other hand, each of the crimes of this case is a situation unfavorable to the defendant that committed each of the crimes of this case, such as: (a) confinement and bodily injury of a victim who was under the control of the defendant, and deception by deceiving him; (b) the nature of the crime is very bad and bad; (c) the amount of damage caused by fraud is about KRW 20 million; (d) mental impulses suffered by the victim appears to be considerable; and (e) the defendant committed each of the crimes of this case in the period of repeated crime due to fraud, etc. without being familiar with the past having been punished several times due to

In addition, if there are no special circumstances or changes in circumstances that can be newly considered after the sentence of the lower judgment, the sentence imposed by the lower court is too unreasonable in light of the records of the instant case, including the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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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