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(영문) 대구지방법원 2014.08.21 2014노2378
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment that the Defendant recognized the crime and is in profoundly against the nature of the Defendant, and that the Defendant paid 17 million won in credit card use.

However, even though the Defendant had been punished for committing the crime of fraud, fabrication of private documents, or uttering of falsified documents, he again committed each of the crimes of this case.

Using the trust relationship with the victim C, the application to join the new personal card member in C name was forged and used, and the victim C acquired 4,9790,00 won repeatedly from the victim C.

As the victim C's new card received the victim C's name and used it for a legitimate use, the crime is heavy in that it deceivings many unspecified victims, by receiving property from the victims on 69 occasions, and by receiving cash services on a total of 24 occasions with the above new card, and 13,300,000 won managed by the Agricultural Cooperative Co., Ltd.

Although the total amount of damage caused by fraud and theft exceeds KRW 70 million, only a part of the damage was paid, and the damage was not paid to the amount acquired by fraud from the victim C.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too unreasonable.

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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