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(영문) 부산지방법원 2019.01.31 2018노4468

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Although the Defendant’s criminal acceptance method is planned and the amount of damage exceeds KRW 70,000,00, the Defendant was locked without any effort to recover from damage, and the circumstances after the commission of the crime are poor.

The court below determined punishment in consideration of such overall circumstances, and there are no special circumstances or changes in circumstances that may be newly considered in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the Defendant’s age, character and conduct, relationship with the victim, and motive and circumstance of the crime, the sentence imposed by the court below is not hot, since it was done within the reasonable scope of discretion.

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