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(영문) 대구지방법원 2018.12.21 2018노3915
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (the imprisonment of eight months and the compensation order) on the summary of the grounds of appeal is too unreasonable.

2. It is recognized that the defendant's mistake and reflects his or her mistake, and there are no criminal records of the same kind exceeding the fine.

However, it is also recognized that the amount acquired by the defendant is not less than KRW 51 million, that is not agreed with the victim, that is, that is, it is not faithful to the investigation and trial, such as the fact that the defendant has obtained by fraud, that is, he has no choice but to attend on the trial date of the court below, and that there are the same criminal records once.

In addition, considering the various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime is committed, it is not recognized that the sentence imposed by 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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