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(영문) 부산지방법원 2018.04.27 2018노688

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the defendant, who made a confession of all crimes, has a misunderstanding of his or her mistake, and there is no history of punishment heavier than the fine.

However, in light of the form, method, frequency, etc. of each of the instant crimes, the criminal liability is very heavy, and the Defendant has the history of having been punished several times for the same crime, the victim is a majority of up to 17 persons, and the amount of defraudation exceeds 585 million won in total, and the victims have not been able to recover damage, and the victims have not agreed to do so, and other factors, considering the Defendant’s age, sex and behavior, environment, motive, means, and consequence of each of the instant crimes, and the scope of recommended sentencing guidelines set forth in the proceedings of the Supreme Court and the sentencing guidelines set forth in the proceedings of the instant case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.