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(영문) 대구지방법원 2016.05.04 2016노1069
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a crime of fraud listed in No. 1 and No. 14 from No. 1 to No. 14 of the List of Crimes as indicated in the judgment of the court below, and each crime of fraud against victims C: Imprisonment with prison labor for one year, and imprisonment with prison labor for up to 15 through No. 17 of the List of Crimes as indicated in the judgment of the court below, for six months)

2. It is recognized that the defendant's mistake is divided, that the crime of embezzlement for which the judgment has become final and conclusive, and that the punishment should be imposed in consideration of equity in the case where the defendant simultaneously decides the crime of fraud listed in the attached Table No. 15 of the judgment of the court below and the crime of fraud listed in the attached Table No. 14 of the judgment of the court below, and the crime of fraud listed in the attached Table No. 15 of the judgment of the court below.

However, in light of the following facts: (a) the Defendant has been sentenced one time to suspended sentence for the same crime; (b) the Defendant has been sentenced one time to a suspended sentence; (c) has been sentenced to a fine on several occasions; (d) has been sentenced to a suspended sentence; (c) has been subject to a suspended sentence; (d) has not been recovered from damage; (e) has not been agreed with the victims; and (e) there is no change in circumstances that may otherwise determine the type of the crime in light of the mode of each of the instant crimes; and (e) there is no change in circumstances that the lower court and the punishment were different; and (e) there is no other reason to determine the age, sexual behavior, environment; (e) the motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is too unreasonable

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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