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(영문) 대구지방법원 2019.07.16 2019노1591
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., punishment Nos. 1 to 3, 6: imprisonment with prison labor for 10 months, 4, 5, and 7 to 10: imprisonment with prison labor for 10 months, 5, and 50,000 won) that the court below rendered is too unreasonable.

2. The defendant's mistake is recognized and reflected in his judgment.

It is necessary to consider equity in the case where a judgment has been rendered together with the original judgment which became final and conclusive in regard to the crimes of Articles 1 through 3, and 6 in the judgment below.

However, the Defendant committed each fraud of the provisions of Articles 4, 5, 7, and 10 of the judgment of the court below, even during the period of the suspension of the execution of imprisonment due to the above fraud, etc.

The total amount of damage caused by each fraud of this case exceeds KRW 10 million, and the majority of the victims are also victims, and the defendant did not make a repayment to the victims or agreed with the victims.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance that is newly considered in sentencing after the sentence of the lower judgment, the sentence that the lower court rendered is too unreasonable and unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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