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(영문) 대구지방법원 2020.10.14 2020노286
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that with respect to the punishment (eight months of imprisonment) declared by the court below, the prosecutor is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The amount of defraudation exceeds 52 million won, the payment of damages was almost not made, the Defendant did not receive from the victims, and the Defendant had the same criminal records.

However, considering the fact that the defendant confessions and reflects, and that 1.4 million won was paid as dividends to the victim I (the investigation record 113,125 pages), it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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