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(영문) 대전지방법원 2019.01.31 2018노737
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court on the grounds of unfair sentencing (5 million won of a fine) is too unreasonable.

2. In light of the fact that the Defendant defrauded 1.6 million won from multiple victims, the Defendant had criminal records exceeding 10 times, including the same or similar criminal records, and did not completely recover from damage to the trial, etc., considering the fact that the Defendant recognized the instant crime, the amount of damage caused by the instant crime itself is relatively small, and the amount of damage should be considered in equity with the case where the Defendant was punished at the same time as the final and conclusive judgment in the holding of the lower court, it cannot be deemed that the sentence imposed by the lower court is too heavy.

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

(However) However, since it is apparent that “1. The latter part of Article 37 of the Criminal Procedure Act and Article 39(1) are omitted” in the column for application of the law of the lower judgment, “1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Procedure Act are omitted, it shall be added ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.”

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