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(영문) 대구지방법원 2020.09.23 2019노5153
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that there are circumstances that may be considered in light of the circumstances, such as: (a) the Defendant recognized the instant crime; (b) reflects the mistake; and (c) the Defendant appears to have resulted in the instant crime due to the shortage of company operation funds, while having experienced financial difficulties due to business depression.

However, the amount of defraudation of this case was not restored to the name of about 50 million won, and the victim was present at the court of the trial and wanting to punish the defendant.

In light of all the factors of sentencing, including the Defendant’s age, family relation, criminal record, circumstances after the commission of the crime, etc., there is no special change in circumstances that could reduce the sentence of the lower court when it comes to the trial, the sentence imposed by the lower court against the Defendant is not heavy.

3. Therefore, 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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