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(영문) 대전지방법원 2015.09.02 2015노1713
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The defendant's confession of the crime of this case and reflects his mistake is favorable to the defendant.

However, even though the amount of fraud (80 million won) is not much, the money is acquired through the use of personal trust relationship, and the crime is not good, and there has been three times of punishment due to the same crime, eight times of probation, one time of suspended execution, and three times of fines due to the same crime, and the fact that the damage has not been recovered is a disadvantage to the defendant.

Considering the above circumstances and motive leading to the instant crime, the circumstances after the crime was committed, the defendant's age, character and conduct, family relationship, environment, occupation, etc., there is no change in circumstances to determine the sentencing differently from the original judgment, and the scope of the recommended sentencing guidelines for the enactment of the Sentencing Commission [the scope of recommending punishment] by considering the basic area (one month to one year and six months), the basic area (one year and six months) (one year) of the Sentencing) of the Sentencing Commission (one year and six months), the sentence of the lower court is too unreasonable. Thus, the defendant's allegation of unfair sentencing is not acceptable.

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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