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(영문) 부산지방법원 2017.02.23 2016노4986

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the original court (one year of imprisonment) in the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the fact that the defendant led to the confession of all of the crimes of this case and reflects the mistake, and that the defendant paid damages to some victims.

However, the crime of this case seems to have been committed by the defendant against many victims for a considerable period of time, and it seems that some of the money acquired by the defendant was used for illegal sports gambling, and the crime of this case is not good, and the defendant has been punished several times due to the same crime, the damage has not yet been recovered for a considerable number of victims, and it does not seem to be unfair due to the court below's punishment without delay, considering the overall circumstances that form the conditions for sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the “Z” of the victim column No. 6 in the table of crime No. 9 of the judgment of the court below is “AI” and the “300,000 won” in the column of defraudation No. 11 is “20,000 won”, and the “AK” in the column No. 10 in the table of crime No. 2 of the 12th one shall be corrected as “R”.