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(영문) 대구지방법원 2016.08.10 2015노2049
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty of a fine of KRW 2 million imposed by the court below is too unreasonable.

2. The judgment of the court below is recognized that all of the facts charged of this case are recognized and the amount of the defraudation of this case is not so large, but the crime of this case is not likely to be committed by deceiving the victims as if the defendant sold mobile phones and by remitting money under the name of sale proceeds. The defendant did not agree with the victims or take any specific measures to recover from damage, there is a record of being punished three times by a fine due to the same crime of fraud, there is no change in circumstances that can change the sentence of the court below after the sentence of the court below, and there is no other change in circumstances that make it possible to change the defendant's age, sex, sex, environment, family relationship, circumstances after the crime, etc., the punishment of the court below is too unreasonable. 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. It is so decided as per Disposition, since the defendant's appeal is without merit.

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