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(영문) 대구지방법원 2014.06.27 2014노1244
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of crimes listed in the 1, 6, and 9 of the original judgment and crimes listed in the No. 1, 2, 3, and 4 of the list of crimes listed in the 5th judgment: Imprisonment with prison labor for seven months, crimes listed in the 2, 3, 4, 7, 8, 10, and 11 of the original judgment, and crimes listed in the No. 5 and No. 6 of the list of crimes listed in the 5th judgment of the lower court, are excessively unreasonable.

2. It is recognized that the defendant, who made a judgment, led to the confession of the instant crime, etc.

However, it is recognized that the crime of this case was committed by the Defendant by acquiring money from many victims under the name of advance payment, which is not good in the nature of the crime, that there was a history of criminal punishment for the same kind of crime (one actual type, three times of suspended sentence, 11 times of fines), and that most of the damage recovery was not made up to the trial. In full view of the various circumstances, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of 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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