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(영문) 대구지방법원 2015.08.28 2014노4092
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. We examine the facts charged of this case, and there are circumstances such as the fact that the defendant recognized all of the facts charged of this case and against his mistake, repayment of 5.4 million won to the victim C, deposit of 4.5 million won additionally at the trial, and deposit of 2 million won to the victim H. However, considering the fact that the sum of the amount obtained through deception of this case is not less than 5,4720,000 won in total, the damage amount cannot be deemed to be less than the total amount of 5,4720, and in light of the methods of each crime of this case and the circumstances after each crime of this case, the crime is bad, and the defendant may continue to pay the damage amount until the trial is held, even though 2 to 3 years have passed after the completion of each crime of this case, it is difficult to view that the court below's allegation that there is no special reason to change the defendant's circumstances that the defendant's punishment was too less than the defendant's punishment, and there is no special reason to change the circumstances that the defendant's punishment was less suitable to be changed (the defendant's punishment).

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

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