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(영문) 대구지방법원 2013.03.21 2013노60
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the court below is too unreasonable in light of the fact that the main damages of the grounds for appeal were recovered and that there was an agreement with the victims.

2. The circumstances in which the judgment of the defendant is divided in depth into the crime of this case, has recovered from the damage, and there are favorable circumstances such as agreement with the victims.

However, the Defendant committed the instant crime even though he/she was sentenced to four times of a fine due to criminal fraud, which is the same crime, and one time of a suspended sentence of imprisonment.

In addition, the crime of this case is a large amount of damage that amounts to KRW 53,50,00,000, as the means and method are planned and social harm, and the damage amount is a large amount of money by obtaining necessary documents, etc. for loans from the victims who have advertised to many unspecified persons through the place of daily advertisement, etc. and reported the advertisement, and executed the loan in their names.

In addition, considering the circumstances after the instant crime, the character and conduct of the Defendant, the environment, etc., and all the sentencing conditions as shown in the records and arguments, it cannot be said that the sentence imposed by the lower court is too unreasonable.

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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