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(영문) 부산지방법원 2016.11.11 2016노1163

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.

2. The following facts are acknowledged: (a) the Defendant made a confession of all the instant crimes, and his mistake is repented in depth; and (b) the instant crime is in a concurrent relationship between the crime of fraud and the concurrent crimes under the latter part of Article 37 of the Criminal Act with the judgment of the court below which became final and conclusive; and (c) the punishment should be imposed in consideration of equity with the case where the judgment is to be simultaneously rendered pursuant

However, the crime of this case was committed by deceiving 11 victims that the defendant sells the container accommodation right, etc., and by deceiving 1,956,00 won in total, in light of the method and contents of the crime, etc., it seems that the crime of this case was considerably poor in light of the method and contents of the crime, and that the agreement with the victims or the recovery of damage has not been properly achieved up to now. The defendant committed the crime of this case at once, despite the fact that there was a history of being sentenced one time to imprisonment for the same crime before the crime of this case, one time of suspended execution, and three times of fines, and there is no special circumstance or change of circumstances that may be newly considered after the decision of the court below, and other various sentencing conditions as shown in the argument of this case, such as equity of sentencing with the same or similar case, age and character of the defendant, character and environment, motive and circumstance of the crime, etc., it is not recognized that the sentence of the

Therefore, the defendant's above assertion is not accepted.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, a copy of the original judgment "(s)" shall be 4 lines below the two pages of the original judgment(Tgu District Court 2015Da1019, 1130, 1529 (combined), 1620 (Consolidated), 2160 (Consolidated), 2160 (Joint), respectively.