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(영문) 부산지방법원 2017.10.19 2017노1964

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The Prosecutor’s appeal brief summary of the reasoning of the appeal by the Prosecutor (Defendant B: 6 months of imprisonment and 2 years of suspension of execution, community service order 240 hours, Defendant C: fine 3,00,000 won) is too uneased and unreasonable.

2. Determination

A. The crime of this case committed by Defendant B was committed as if the Defendant sold the goods to the victims, thereby deceiving the victims with an amount equivalent to 6.7 million won from the victims. In light of the frequency and period of the crime, and the amount of defraudation, etc., the circumstances unfavorable to the Defendant are recognized, such as the fact that the crime was committed with heavy liability

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects his mistake in his life for a considerable period of time, the defendant is the first offender who has no record of criminal punishment so far, and our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing does not exceed the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the recognized defendant do not fall under any special change in circumstances that could change the sentence of the court below after the decision of the court below was rendered, and it does not seem unfair because the defendant's punishment against the defendant is too unfeasible, considering all all the circumstances that form the conditions of sentencing as shown in the argument of this case, such as the defendant's age, character, and environment, etc.

B. The crime of this case committed by Defendant C by Defendant C was committed by issuing a physical card and password connected to the bank account under his name to A with the prior proposal of Defendant C, and aiding and abetting A’s fraud. In light of the content of the crime, the circumstances unfavorable to the Defendant, such as the heavy liability, are recognized.

However, the defendant depthed the mistake while making a confession of the crime of this case.