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(영문) 대구지방법원 2012.12.27 2012노2630
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (ten months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant committed each of the crimes of this case; (b) the defendant did not have any criminal records exceeding the same criminal records and fines; and (c) some victims have not been agreed upon; (d) the total amount of damage from each of the crimes of this case exceeds 30 million won; (b) the defendant committed each of the crimes of this case against multiple victims several times; and (c) the total amount of damage of the victims not agreed upon exceeds 20 million won (the victim L submitted a letter of withdrawal to the prosecutor, but submitted the letter of withdrawal of the complaint to the prosecutor, but the contents of the above letter of withdrawal of the complaint do not seem to have cancelled the complaint only for the embezzlement accusation; (c) other factors and background leading up to each of the crimes of this case; (d) the defendant's age, character, and environment; (e) the motive and consequence leading up to each of the crimes of this case; and (e) the method and consequence of the crime before and after each of the crimes.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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