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(영문) 부산지방법원 2016.01.15 2015노3154

사기

Text

The defendant's appeal is dismissed.

Reasons

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

However, it is recognized that the circumstances such as the Defendant’s confession of the entire crime of this case and reflects his mistake, and that the Defendant is an initial offender who has no record of criminal punishment.

However, the crime of this case was committed by deceiving victims without the intent or ability of the defendant to repay, and the crime of this case was committed by deceiving them total of KRW 160 million, in light of the method and contents of the crime, etc., and the fact that there is no special circumstance or change of circumstances that can be newly considered after the decision of the court below was made, such as the fact that there is no agreement with the victims or the restoration of damage until now, etc., and there are no other circumstances or changes in circumstances that may be newly considered after the decision of the court below, and if the sentence imposed by the court below is the type of the crime of this case on the basis of the sum of profits by applying the method of dealing with the crimes of this case according to the sentencing guidelines among multiple types of crimes, each of the crimes of this case constitutes the basic area of "general fraud" of the sentencing guidelines, and thus, the scope of punishment is one year to 1 year or 4 years.

In full view of the fact that the sentence imposed by the court below is too unreasonable because it is too large.

Therefore, we cannot accept the defendant's above assertion.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.