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(영문) 대구지방법원 2017.04.14 2017노310
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant is favorable to the fact that the defendant led to the confession of the crime of this case, there is no criminal history of the same kind of crime, there is no criminal record exceeding the fine, and the defendant's wife and his/her child complained of the defendant's wife.

However, in this case, the defendant will provide the apartment as security by leasing the amount close to the market price of the apartment owned by him as the lease deposit and covering it in the absence of value as security.

It is an unfavorable circumstance that deceiving the damaged person and defrauds the money, which is not good to the nature of the crime, the amount acquired by the accused is up to 70 million won, the damage is not completely recovered, and the defendant seems not to have made all efforts to recover the damage of the victim, and the victim wanted to punish a severe punishment.

In addition to the above circumstances, considering the scope of recommendations given by the Supreme Court on the sentencing guidelines for the instant crime, the Defendant’s age, sexual conduct, environment, motive and background leading to the instant crime, means and consequence of the instant crime, etc., and all of the sentencing conditions indicated in the previous theories, such as the records of the instant case and the circumstances after the instant crime, the sentence imposed by the court below is not deemed unfair, and thus, the Defendant’s assertion is without merit.

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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