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(영문) 부산지방법원 2017.07.13 2017노1614

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case, and that the sum of the acquired money is not large to 378,000 won.

However, the defendant's crime of fraud of this case was committed in the past five times, which is likely to be criticized as being satisfyed one day.

The Defendant has been punished as a crime of fraud ten times (nine times of punishment, nine times of imprisonment, and one time of suspension of the execution of imprisonment). All of the contents of the crime of this case are the same as the crime of this case. In particular, the Defendant committed the crime of this case even though he was sentenced to a suspended sentence on August 12, 2016 by imprisonment with prison labor for a period of six months, which was sentenced to a suspended sentence on August 12, 2016.

There is no special change in circumstances that can be considered in sentencing in the trial and there is no special change in circumstances that have not been recovered from the victims' damages.

In addition, the sentence imposed by the court below is not heavier when comprehensively taking into account the following factors: the defendant's age, sex, environment, etc. and various conditions of sentencing as shown in the records of this case and the change of the environment.

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