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(영문) 대구지방법원 2019.09.27 2019노2896
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. It is recognized that the defendant recognized all of the crimes of this case and reflected, paid part of the money obtained through deception (7.2 million won), and that the defendant has no criminal records of the same kind of criminal records and punishment.

However, in this case, it is also recognized that the fraud amount is not more than 30 million won, the nature of the crime is bad, the defendant has not agreed with the victim, and the defendant has already been punished 6 times in total including one time of suspended execution for the crime of this paper.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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