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(영문) 대전지방법원 2017.04.13 2017노176
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant was aware of all the crimes of this case and reflects the fact that the Defendant’s health status is not good, etc., when the judgment was made in the first instance.

However, the total amount of damage of each of the crimes of this case reaches KRW 235,350,000,000, and the damage has not been recovered, and the defendant committed a second offense despite the fact that the defendant had been punished twice as a punishment by the same kind of crime, etc., which is disadvantageous to the defendant. In addition, comprehensively taking into account all the sentencing conditions of the defendant, including the defendant's age, sex, environment, motive, means, consequence, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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