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(영문) 대구지방법원 2018.04.13 2017노5769
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. A favorable circumstance is that the Defendant recognized each of the instant crimes and against his mistake, partly the amount of damage was repaid, the Defendant’s primary crime without criminal punishment, the health of the Defendant’s family members, and the Defendant’s family members want to leave the Defendant’s wife.

On the other hand, there are unfavorable circumstances, such as the fact that the amount of fraud by the defendant is a total of KRW 142 million, the fact that the defendant did not reach an agreement with the victims, the victims appeared to have suffered a considerable mental and economic suffering due to the criminal act by the defendant, and the victim G and the person who was the victim submitted a written application that shots the defendant's severe punishment.

In full view of the above circumstances and the facts that there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment, all of the factors indicated in the arguments in the instant case, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, and the scope of recommended sentences based on the sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the lower court is too unreasonable as it is too unreasonable.

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 (Article 347 (1) of the Criminal Procedure Act on the 11st day of the decision of the court below is a clerical error in the "Article 347 (1) of the Criminal Procedure Act", and it is obvious that the "Article 347 (1) of the Criminal Procedure Act" is a clerical error in the "Article 347 (1) of the Criminal Procedure Act".

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