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(영문) 대구지방법원 2018.01.19 2017노4326
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won in penalty) is too unreasonable.

2. It is recognized that the Defendant’s mistake is divided, and that the amount of damage is not significant as KRW 2.4 million.

However, the Defendant had a record of criminal punishment for several times due to the same crime, and at the investigation stage, a criminal conciliation was established to pay 2.4 million won to the victim by June 9, 2017, but the Defendant failed to implement the promise, and the damage has not been completely recovered until now, the victim has not been used, and the lower court determined the punishment by lowering the amount of fine (3 million won) as provided in the summary order, the lower court determined the punishment by lowering the amount of the fine (3 million won) as provided in the summary order, the lower court did not change any circumstance that is favorable to the Defendant, and there is no other reason to determine the punishment in favor of the Defendant, and taking into account all the sentencing conditions as shown in the instant argument, such as the Defendant’s age, sex, criminal conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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