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(영문) 대구지방법원 2015.08.21 2014노3801
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) the defendant recognized the facts charged in this case; (b) the defendant reflects his mistake; (c) there are favorable circumstances for the defendant, such as the fact that the amount of damage caused by the crime in this case is 68 million won or more; (d) the amount of damage was not paid; (e) there was no change in circumstances, such as agreement with the victim, even after the decision of the court below was made; and (e) there was no change in circumstances such as agreement with the victim. In particular, even after the investigation agency was made after the crime in this case, the defendant made the same speech and behavior that makes it possible for the defendant to pay the amount of damage up to the date when he was in the trial after the crime in this case, even though some part of the amount of damage amount was not paid at all until three years has passed, it is difficult to expect the victim to recover the damage even in the future due to the lack of property or revenue in the future; and (e) there is no other reason to believe that the punishment imposed by the court below is too unreasonable.

3. Accordingly, 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 groundless. It is so decided as per Disposition.

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