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(영문) 대구지방법원 2019.06.21 2019노1399
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the defendant recognized all of the crimes of this case and reflected, partly repaid the amount of damage, the defendant has no criminal record, and there are children to be supported.

However, this case is recognized, however, that the defendant acquired a total of 76 million won from the victim on five occasions under the name of the materials cost for the interior works of the party room. It is also recognized that the crime is bad, that the victim did not agree with the victim, that the victim want to be punished by the defendant, and that most damage caused by the crime of this case has not been recovered.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too unreasonable.

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.

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