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(영문) 대구지방법원 2018.11.09 2018노3300
사기
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 circumstances favorable to the defendant include the fact that the defendant recognized all of the crimes of this case and divided his mistake, the fact that the defendant paid 8 million won, which is the amount the victim demanded, and agreed with the victim.

On the other hand, each of the crimes of this case is a situation unfavorable to the defendant, such as the fact that the defendant conspireds with C and D in a planned manner to acquire money from the victim, and that the nature of the crime is very bad and bad in view of the form of the crime, the method of taking measures, etc., and that the damage amount exceeds KRW 24 million, but the considerable part of the damage is not recovered, and that the defendant seems to have acquired the equivalent amount out of the amount of the acquired money, and that the defendant committed each of the crimes of this case without being familiar with the period of repeated offense

In addition, there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below, and considering the following: the degree of punishment for each of the crimes in this case, the defendant's age, sexual conduct, environment, motive and circumstance of the crime in this case, and all of the sentencing conditions stated in the records and theories on changes in the circumstances after the crime in this case, it does not seem that the punishment imposed by the court below 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.

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