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(영문) 부산고등법원 (창원) 2015.06.10 2015노102

특정경제범죄가중처벌등에관한법률위반(사기)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. Determination factors or objective and neutral sentencing factors are recognized, such as the confession of each of the crimes in this case (the facts of composition and the facts charged are justifiable in the lower court that deemed that the Defendant had proved the facts of establishment and the facts charged), and the fact that the Defendant also has not received payments from a third party, thus recovering the proceeds and using them for the repayment of damage, and that the Defendant’s health condition is not good.

However, each of the crimes of this case recognized by the evidence, evidence, rules of evidence and legal principles is the case where the defendant has obtained the original body from the victims by using forged and forged securities exceeding 200 pages, the number of crimes is not good, and the damage amount is considerably high, the defendant also has an escape from the hospital by taking advantage of another person's name in 198, the victim wants to be punished, and the victim does not have any objective and neutral elements of sentencing such as receiving a fine of KRW 1,00,000 due to the crime of forging the private document and the crime of uttering the private document around 1998, and the crime of uttering the private document in 207.

The lower limit of the recommended sentence according to the sentencing guidelines set by the Supreme Court's Sentencing Committee is three years of imprisonment, the Defendant's age, character and conduct, intelligence and environment, and each of the crimes in this case.