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(영문) 부산지방법원 2015.11.27 2015노3159

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 3 million imposed by the court below to the defendant is too unhued.

2. As to each of the instant crimes, each of the instant crimes is acknowledged, even though the Defendant had been previously punished for the same kind of crime, by posting false goods on the part of the Defendant, and then by deceiving 835,000 won after receiving advance payment from the victims. In light of the method of crime and the frequency of damage, etc., the issue is not easy, and in particular, there is a need to impose strict punishment on the Defendant who is not familiar with the same kind of power even though he had the same kind of power.

However, each of the crimes of this case is recognized by the defendant, and his mistake is divided into the truth, and there is a history of criminal punishment for multiple same crimes. However, the crimes were committed almost near each of the crimes of this case, and most of them are punished by a summary order, and there is a possibility that the defendant who is 19 years old is not aware of the seriousness of criminal punishment. The amount of damage caused by each of the crimes of this case is repaid to the victims soon after the crime is committed. The defendant, university students, is working in the shipbuilding station located in the current system at school, and is able to lead a life in good faith after entering the military thereafter, taking into comprehensive account the following circumstances: the defendant's age, environment, family relationship, circumstances leading to each of the crimes of this case, and the circumstances leading to each of the crimes before and after the crimes, etc., the sentence of the court below is too unreasonable.

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