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(영문) 대구지방법원 2018.01.25 2017노4902
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant is favorable to the fact that the defendant recognized each of the crimes of this case, and that the above victim did not want the punishment of the defendant by agreement with the victim of the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, the defendant committed the crime of fraud, embezzlement, breach of trust against many victims, and the total amount of damage reaches about KRW 167 million.

Nevertheless, most victims have not received correspondence.

Even though there are many criminal records of the same kind of crime which were punished for fraud, including the punishment of imprisonment with prison labor, the defendant committed the multiple crimes of this case again.

In light of the above unfavorable circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, background leading to the commission of the crime, circumstances after the commission of the crime, etc., and the fact that it is reasonable to respect the sentencing of the first instance court where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), etc., the lower court’s punishment is too unreasonable.

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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