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(영문) 대구지방법원 2015.03.13 2014노4846
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below has a favorable condition, such as the confession of all of the crimes of this case in the court at the same time, on the other hand, there is a history of punishment for the same kind of crime (five times of fine and one time of suspension of execution of imprisonment), the agreement with the victim as well as the recovery of damage, the victim does not have to pay a severe punishment, the scope of recommendation [basic crime: type 1 (less than KRW 100 million) of general fraud, recommendation type of basic crime [where the document is accompanied by forgery or alteration of a document: where the document is accompanied by forgery of a fraudulent crime, it shall not be treated as a majority crime, and where the document is accompanied by forgery or alteration of a document, it shall be treated as a sentencing of a fraudulent crime], the age, character and conduct of the defendant, environment, the criminal act of this case, motive and circumstance of the defendant, the motive and circumstances of the crime of this case, and all of the circumstances presented in the court below's decision that the punishment of this case is unfair.

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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