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(영문) 창원지방법원 2017.01.26 2016노2431

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (five million won penalty) of the court below is too unreasonable.

2. In light of the following: (a) there is no change in the conditions of sentencing compared with the first instance court; and (b) where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015); (c) there is no change in the conditions of sentencing compared with the lower court’s judgment because new sentencing data have not been submitted in the trial; (d) the defrauded amount of this case exceeds 25 million won; and (e) the Defendant was punished twice due to the crime of property damage, etc., the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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.