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(영문) 대구지방법원 2015.10.22 2015노3078
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant recognized the instant crime and reflects his mistake, and that the Defendant was an initial offender who has no particular criminal record until now.

On the other hand, the fact that the defendant has committed repeatedly over a long period using personal trust relationship, the total amount of defraudation is 280 million won or more, and the fact that most of them have not been recovered from damage up to now is the circumstances unfavorable to the defendant.

Considering the above circumstances and various circumstances, which are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence 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 ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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