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(영문) 대구지방법원 2020.02.06 2019노2241
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized all of the crimes of this case, and the fact that some of the amount of damage was repaid is favorable to the defendant.

However, the crime of this case is not likely to be committed in light of the period of crime, amount of damage, etc. by taking the goods of the damaged company out of false orders under the name of the agency managed by the defendant in the course of performing the business management of the victimized company.

The injured company did not agree with the victimized company, and the victimized company wanted to punish the defendant.

Considering this point in light of the circumstances unfavorable to the Defendant, there is no special circumstance or circumstance that is newly considered in sentencing after the sentence of the lower judgment, and comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, the sentence imposed by the lower court is too unreasonable.

3. 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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