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(영문) 창원지방법원 2018.05.24 2018노431

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The fact that the decision-making defendant recognizes his criminal act and reflects his criminal act, and that there is no criminal history is a favorable circumstance.

However, the crime of this case is committed by deceiving about 114 million won in total from the victims who were in a tobacco relationship: the crime of this case is not poor; there is no special change in circumstances that could change the punishment of the court below after the decision of the court below was made; damage does not have been recovered; the defendant's age, sex, environment, motive, means and consequence of the crime of this case; the conditions for sentencing specified in the arguments of this case; and the scope of the recommended sentence according to the sentencing guidelines (eight to four years) [the scope of recommended] of types 2 (one hundred million won or more; five hundred million won) and the basic area (one hundred and forty years) of the basic area of the punishment (one hundred and forty years). The defendant's defense counsel shall distinguish the above types of crimes from the above types of crimes according to the sentencing guidelines by adding up the minimum amount of damage to one type of crime; the defendant's defense counsel shall determine the scope of the crime of this case to the effect that the sum of the amount of punishment of the crimes of this case is one type of general fraud.

Considering B, the lower court’s sentence against the Defendant is too unreasonable because it is too large.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and the Criminal Procedure Act is applicable.