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(영문) 대구지방법원 2016.06.01 2015노3241
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of a suspended sentence of six months) is too unreasonable.

2. It is recognized that the judgment of the defendant is divided into his mistake, there is no record of punishment for the same crime, and that there is little profit from the crime of this case, that the accomplice B seems to have no profit from the crime of this case, that the accomplice B paid 10 million won, that I paid 15 million won to the victim, and that each agreement has been reached with the victim.

However, in light of the form and method of the instant crime, etc., the nature of the instant crime is not somewhat minor; the amount of damage is up to KRW 195 million; the Defendant did not fully recover from damage; the Defendant did not agree with the victim; the Defendant has been sentenced to a fine through up to ten hundred times; the Defendant has been punished for suspended execution; there is no change of circumstances that may otherwise determine the Defendant’s age, sex, environment; the motive, means and consequence of the instant crime; the degree of participation in the instant crime; the degree of participation in the instant crime; and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, such as the following circumstances, are considered, and thus, the lower court’s punishment is too unreasonable.

Therefore, 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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