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(영문) 대구지방법원 2014.02.21 2013노1692
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) by the lower court is excessively unreasonable.

2. Determination is recognized that the amount of damage in this case is not significant to KRW 150,00,000, and that the Defendant’s confession while committing a crime is against the Defendant.

However, it is not determined that the lower court’s punishment is too unreasonable considering the following: (a) the Defendant’s previous conviction was 22 times (one actual punishment, two times a suspended sentence, and nine times a fine) or more; (b) the Defendant committed the instant crime again within five months after having been sentenced to imprisonment and released for the same kind of crime; (c) the injury has not yet been recovered until the first instance court; and (d) the Defendant’s character and conduct, motive, means and methods of the instant crime; and (e) the circumstances after the instant crime were committed.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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