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(영문) 대구지방법원 2019.03.22 2019노8
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the reasons for appeal, the defendant asserts that the defendant is too unreasonable because he is too unreasonable, and the prosecutor asserts that the prosecutor is too unhued and unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant's mistake is recognized and against himself/herself, and that there is no criminal record subject to criminal punishment.

Meanwhile, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant has repeatedly acquired money through a considerable period of time using a personal trust relationship with the victim and the nature of the crime is not good, that the amount of defraudation is more than KRW 100 million, that most of the money acquired by the defendant is deemed to have been raised with gambling funds, and that the fact that the damage has not been recovered to the victim until now is not adequate.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower court’s judgment, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable to the extent that it is deemed that the lower court’s punishment exceeded the reasonable scope of discretion.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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