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(영문) 대구지방법원 2015.09.10 2014노4630
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, suspended execution for two years, community service work for 120 hours) of the lower court against the Defendant is too unreasonable;

2. The judgment of the defendant recognized each of the crimes of this case and reflects the mistake, the defendant repaid the victim KRW 13.4 million to the victim, the defendant did not have the same criminal record, and the defendant did not have any past record of criminal punishment for the last ten years is favorable to the defendant.

On the other hand, the defrauded amount to KRW 30,000,000, and the defendant committed the crime of forging and utteringing private documents in order to collect the victim's demand for repayment, and the defendant agreed to pay KRW 50,000 per month from December 2, 2014 to KRW 50,000 per month in consultation with the victim, but did not pay the agreed money to the victim in addition to paying KRW 50,00 to the victim once, and the victim was at the time of the trial, which was disadvantageous to the defendant.

In addition, the age, character and conduct, the environment, the circumstances and results of each of the crimes in this case, etc., all of the sentencing conditions in this case and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.

1. Standards for types of punishment and of punishment;

(a) Crimes of fraud [Determination of Punishment] Types 1 (less than KRW 100,00): General Fraud (less than KRW 100,000): Reduction element: In cases where the punishment is not granted or a significant damage has been recovered (the scope of recommending punishment): One month to one year; or

(b) The mitigated element of forging, altering, etc. of a private document (a person who has committed a crime of forging or forging a private document): Where there are extenuating circumstances in relation to the commission of the crime or motive for the crime (the scope of recommending punishment): One month to one year; and

2. In full view of the handling of multiple crimes [the determination of a basic crime] / [processing] / [the imprisonment of one month to one year and six months (the maximum sentencing range of basic crimes 1/2 of the maximum sentencing range)], etc., the lower court’s punishment is deemed to be too unreasonable. Thus, it is not recognized that the lower court’s punishment is too unreasonable.

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