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(영문) 부산지방법원 2016.12.23 2016노4259

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. It is recognized that the circumstances, such as the confession of all the crimes of this case and the violation of his depth of his mistake, and the first offender who has no record of criminal punishment, are acknowledged.

However, the crime of this case was committed by deceiving the victim by deceiving the victim, which is considerably poor in the nature of the crime in light of the method and content of the crime. The defendant's act of this case seems to have caused serious damage to the victim. Nevertheless, the agreement with the victim or restoration of damage seems not to have been properly made up until now, there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below, and other various sentencing conditions indicated in the argument of this case, such as equity in sentencing with the same and similar cases, age, character and behavior of the defendant, environment, motive and circumstance of the crime, etc., and the sentence imposed by the court below after the crime was committed, and if the court below determines the type on the basis of the sum of the amount of profit by applying the same method of dealing with the crimes of this case according to the sentencing guidelines, each of the crimes of this case constitutes imprisonment with prison labor for not more than 100 million won among the "general fraud" of the sentencing guidelines, and thus, the scope of sentence between one year to six years.

In full view of the lower limit, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.

Therefore, the defendant's above assertion is not accepted.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.