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(영문) 대구지방법원 2016.10.07 2016노527
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of eight million won) is too unreasonable.

2. It should be recognized that the Defendant recognized all of the crimes of this case, and the mistake is divided, that the mother appears to have reached each of the crimes of this case for his livelihood, such as raising hospital expenses, and that he has no record of punishment for the same crime.

However, the instant fraud is very bad in light of the method of crime, frequency of crime, etc., and the quality of the crime was committed by not paying the mobile phone fees, etc. after changing equipment under another person’s name or using a mobile phone through opening the mobile phone, and the use of the opened mobile phone. In order to commit such fraud, the Defendant also committed the crime of forging private documents, uttering of falsified investigation documents, use of private electronic records, and use of private electronic records, etc.

The total amount of damage caused by the instant fraud is not significant, and the damage was not recovered until the trial.

In addition, in full view of the various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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