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(영문) 대구지방법원 2017.12.14 2017노2975
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unfair that the punishment sentenced by the lower court (amounting to KRW 6,000,000) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court sentenced the above punishment by taking into account the favorable circumstances, such as the fact that the Defendant, who committed the crime of fraud of this case under a fatal plan, was significantly poor, and that the Defendant paid damages to the victims and agreed smoothly with the victims, that there was no record of criminal punishment before committing the crime of this case, and that there was a attitude to repent his mistake.

In addition to the circumstances considered by the lower court, the instant fraud crime should be considered in light of the principle of equity in the case of concurrent crimes between the crime of fraud and the crime of conspiracy after Article 37 of the Criminal Act as stated in the judgment of the lower court.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is too heavy or unreasonable as it is alleged by the Defendant or the prosecutor.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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