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(영문) 대구지방법원 2014.04.17 2014노708
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized all of the crimes and reflected in the judgment, and that the defendant's health status is not good is favorable to the defendant.

However, the amount of the defrauded money due to the instant crime is not much than KRW 75 million; the victim’s damage has not been completely recovered until the trial even after a considerable time has elapsed since the instant crime occurred; the Defendant received money from the victim as an investment in auction but did not have any money invested in auction; and the Defendant has continued the escape life for one year after the instant crime and has difficulty in investigation is disadvantageous to the Defendant.

Considering the above-mentioned normal relationship, the Defendant’s age, character and conduct, environment, circumstances surrounding each of the instant crimes, and circumstances revealed in the records and pleadings, the lower court appears to have taken into account most favorable circumstances, and there is no change of circumstances that could vary between the lower court and the sentence.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

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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