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(영문) 대구지방법원 2019.07.12 2019노1434
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment and confiscation) is too unreasonable.

2. The fact that the defendant recognized his mistake and reflected his mistake is favorable to the defendant.

However, in full view of the following circumstances: (a) the instant crime was committed against many and unspecified persons in a systematic and planned manner; (b) the nature of the crime is very bad; and (c) the social harm therefrom is serious; and (d) the method of the crime was committed in a scambly through the participation of many competitors; (b) the mere need to punish the participants in charge of withdrawing or delivering cash in order to eradicate the crime; (c) the amount of fraud was reasonable; (d) the damage was not recovered to the trial; and (e) the Defendant was punished four times as fraud; and (e) other unfavorable circumstances, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) other circumstances, including the Defendant’s age, character, and environment, the motive, means and consequence of the crime; and (e) there are no special circumstances or changes in circumstances that may be evaluated differently from the sentencing conditions of the lower court up to the trial. Thus, it cannot be deemed that the lower court’s sentence is too unreasonable to avoid the reasonable discretion

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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