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(영문) 대구지방법원 2013.08.13 2013노1505
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The determination is based on the following circumstances: (a) the Defendant led to the confession of and reflects on the instant crime; (b) some of the victims have been reimbursed; and (c) the health status of the Defendant’s children ought to be considered favorably

However, the crime of this case was committed against many victims over a considerable period of time, the amount of damage is considerable and most of the victims have not been repaid, and even until now the victims want to be punished for the defendant, and the victims are deceiving by using active means, such as sending letters to the victims by pretending to the lending enterprise in the course of the crime, etc., which is disadvantageous to the defendant, such as bad criminal practices, such as the defendant's age, character and conduct, the environment, the background of the crime of this case, the circumstances after the crime, etc., and all the circumstances revealed in the records and arguments, it is not deemed that the punishment imposed by the court below is excessive.

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 since it is without merit. It is so decided as per Disposition.

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