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(영문) 부산지방법원 2016.10.28 2016노3136

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant made a confession of all of the instant crimes and reflects his mistake in depth, when the Defendant was in a trial.

However, according to the fact that the crime of this case is committed by the defendant by deceiving the victim, by deceiving him/her total of KRW 126 million, by forging one copy of the receipt certificate in the name of the public official who is a public document, and the use thereof is considerably poor in light of the method and content of the crime, and that there is a record of criminal punishment once by fraud, that the defendant has been punished by a fine, and that it seems not to be adequately achieved the agreement with the victim or restoration of damage up to now, etc., the sentencing equity with the victim's age, career, career, character and behavior, environment, motive and background of the crime of this case, means and method of the crime of this case, and consequence after the crime, and the sentencing guidelines imposed by the court below pursuant to the sentencing guidelines, ① The sentencing guidelines for the crime of fraud falls under the basic area of the sentencing guidelines for the crime of fraud (not less than KRW 100 million, less than KRW 500,000,000) and the scope of the recommendation or alteration of the public document concerned constitutes a majority of the forgery or alteration of the public document.

In full view of the internal points, it is not recognized that the sentence imposed by the court below is too unreasonable.