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(영문) 대전지방법원 2019.07.10 2018노3609
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.

2. The Defendant’s confession is favorable to the Defendant, where the Defendant was found to have committed a crime in the first instance.

However, the fact that the defendant has the previous department two times, that there is a little amount of money acquired by the defendant, and that a considerable portion of the damage has not been repaid even though eight years have passed since the date of the crime is disadvantageous to the defendant.

In full view of the aforementioned circumstances and other factors, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.

3. As such, 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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