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(영문) 대구지방법원 2018.12.05 2018노3831
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any intention to commit the crime of defraudation with intent and ability to repay (misunderstanding of the facts). The sentence (six months of imprisonment) sentenced by the lower court is too large and thus unfair (unfair sentencing). B. The sentence that the lower court sentenced by the Prosecutor is too unfeasible and unfair (unfair sentencing). 2.

A. As to the Defendant’s assertion of mistake of facts, the lower court rejected the Defendant’s assertion in detail, on the lower part of the “a summary of evidence” of the judgment, and the lower court rejected the Defendant’s assertion in detail.

Examining the above judgment of the court below in detail with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. The Defendant did not have any record of criminal punishment for the same crime against the judgment of the criminal defendant and the prosecutor’s unfair argument of sentencing.

The Defendant appears to have committed the instant crime intentionally with negligence.

The defendant agreed with the victim FF only with the victim who did not want to be punished by the defendant, and some of the money was paid to the victim C as principal or interest repayment.

This is the circumstances favorable to the defendant.

It is a large amount of money that the defendant acquired by deceit is 170 million won in total.

The victims' damages have not yet been recovered to a considerable extent, and it seems difficult to recover in the future in light of the economic situation of the defendant.

This is disadvantageous to the defendant.

In addition, if there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment, the sentence imposed by the lower court is too somewhat somewhat somewhat somewhat minor or minor, considering all of the sentencing conditions as shown in the records and theories of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime.

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