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(영문) 대구지방법원 2016.11.18 2016노3773
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (10 months of imprisonment and two years of suspended execution) is too unreasonable.

2. It should be recognized that the Defendant recognized the instant crime and divided the mistake, agreed with the victim, supported the wife of the first degree disability with brain disease, and had no record of punishment exceeding the fine.

However, the sum of the money obtained by deception of the crime of this case exceeds 64 million won, and the victim seems to have suffered considerable economic and mental pain due to the crime of this case.

Although it is recognized that the defendant provided apartment to the victim as a security for the recovery of damage, it is difficult to view that the damage has been restored by this.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, circumstances after the instant crime, and criminal records, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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