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(영문) 대전지방법원 2015.07.29 2015노1370
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment for one year and eight months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant confessions the instant crime and reflects his mistake, driving a motor vehicle covered by a comprehensive insurance would be able to compensate the victims of the traffic accident by driving the motor vehicle, and that there is a family member to support.

However, it is difficult to find out the fact that the defraudation amount (A. 14 million won) is a large amount, that is, the money from many victims, that is, the damage caused by fraud has not been recovered, and that there has been no effort to recover damage, that is, one-time imprisonment with prison labor and a fine once, and that part of the crime of this case is committed within the repeated period after the execution of the above imprisonment is completed, that is, the crime committed within the repeated crime after the execution of the above imprisonment is completed, that there has been three times of fines for traffic-related crimes, and that there has been a history of having been sentenced to one time imprisonment with prison labor

In addition to the above circumstances and motive leading up to the instant crime, the circumstances after the instant crime, the age of the accused, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and arguments, there is no change in circumstances to determine the sentencing differently from the original judgment. In addition, some of the instant crimes within the scope of the recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee fall under ordinary concurrent crimes, and thus, it is difficult to apply the sentencing guidelines as they are also applicable. However, the Defendant’s assertion of unfair sentencing by referring to

Each fraud [Recommendation Scope of Punishment] In general fraud type 2 (at least KRW 100,00, but less than KRW 500,000) and the aggravation area (at least one year to six years of imprisonment, and one-third of the lowest limit of the sentence) (at least one-third of the total sum of concurrent crimes in the same kind) or many unspecified victims.

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