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(영문) 대구지방법원 2014.04.03 2013노3899
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.

2. The following facts are that the Defendant recognized the instant crime and reflects the fact that the Defendant was favorable to the Defendant; however, in light of the background leading up to the instant crime, the method of the crime, and the amount of fraud, the nature of the crime is not good; the damage was not recovered properly; and the fact that there was a criminal record of the same kind of crime even before the instant crime was committed is disadvantageous to the Defendant.

In full view of such circumstances as the character and conduct of the Defendant, the environment, the motive and background of the instant crime, and the circumstances after the instant crime, etc., the lower court appears to have taken into account most favorable circumstances for the Defendant, and there is no change of circumstances that would vary in the punishment for the first time in the trial.

As such, the sentence imposed by the court below on the defendant is proper within the scope of the recommended sentence ( even if the basic area other than the aggravated area is applied differently from the original sentence, such scope shall be the basic area of general fraud and type 2 (the amount of profit resulting from a fraud crime is at least KRW 100,00,000, but not exceeding KRW 500,00), which is set in the sentencing guidelines, 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 ground that it is without merit. It is so decided as per Disposition.

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