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(영문) 대구지방법원 2017.07.14 2016노3618
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (1.5 million won in penalty) is too unreasonable.

2. The judgment is a favorable situation that the defendant led to the confession of the crime of this case while committing the crime of this case, the amount of defraudation by the defendant is not so large, the defendant is faced with the health condition with the disabled of grade 6 without delay, and the defendant is faced with the economically difficult situation, the defendant must support the mother suffering from dementia, the defendant has no record of the same kind of crime, and the crime of this case is in the relation of concurrent crimes with the crime of injury for which the judgment became final on November 15, 2013 and the crime of this case after Article 37 of the Criminal Act, and should consider equality with the case where the judgment was received at the same time.

However, even if the Defendant borrowed money, the crime of this case is committed by deceiving 2,50,00 won by deceiving the victim as if the Defendant would have no intent and ability to repay, and the nature of the crime is not good, the damage of the victim is not completely recovered, the Defendant appears not to endeavor to recover the damage of the victim, and there is no change in circumstances that could change the punishment prescribed by the court below.

In addition to the above circumstances, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, etc., all of the sentencing conditions as shown in the records and arguments in this case, the sentence sentenced by the court below cannot be deemed unfair.

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

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