(영문) 대구지방법원 2017.08.25 2017노2695 | 리걸엔진

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(영문) 대구지방법원 2017.08.25 2017노2695

사기등

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The defendant's appeal is dismissed.

Reasons

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

2. The lower court determined that the crime of this case was committed under favorable circumstances, such as the fact that the Defendant recognized the crime of this case and against the mistake, that the gains actually acquired are excessive to KRW 2.5 million, that there was no record of punishment of fine or heavier, and that the crime of this case was seized. The crime of this case, such as the crime of this case, was committed in an intelligent and repeated manner against many and unspecified persons, and the social harm is serious, but it is difficult to eradicate the crime by taking part in the form of a call center, contact book, cash withdrawal book, delivery book, and the collection book of passbook, and then taking part in the crime in the form of an organization, and it is extremely difficult to eradicate the crime by taking part in the crime of this case. Thus, even if the organization such as delivery book or cash withdrawal book, it is necessary to restrain the expansion of the crime by severe punishment, in light of the number of times the Defendant’s total sum deposited by the victim of this case, and 164,500, 1000, 160, 100,0, 106, etc.

In addition, considering the fact that most of the damage was not recovered, the defendant was sentenced to imprisonment with prison labor for one year and six months in consideration of all the sentencing factors indicated in the arguments, such as the defendant's age, sex, occupation and environment, and the background of the crime in this case.

In full view of the reasons for sentencing as stated by the court below, the sentence imposed by the court below was so excessive that it exceeded the reasonable limits of discretion.

It is not considered unfair to maintain the evaluation or maintenance as it is.

Therefore, the defendant's assertion is without merit.

3. If so, the defendant-appellant.

유사 판례

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-의정부지방법원 2017.06.21 2016고단4547 (1)

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