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(영문) 부산지방법원 2015.11.12 2015노1499

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal argues that the court below sentenced the defendant to three years of imprisonment and a fine of 100,000 won. In light of the various sentencing conditions, the prosecutor asserts that the court below's punishment is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.

2. We examine both the defendant and prosecutor's allegation of unfair sentencing as to the grounds for appeal.

In addition, there was a history of punishment for fraud several times since around 2011 (including a fine of six times and a sentence of one punishment), and each of the crimes of this case was committed repeatedly from January 10, 2013 after being sentenced to a punishment for the same crime on the same crime in around 2012, despite the period of repeated crime, immediately after being released from January 10, 2013. The Defendant’s deception is planned and intentional, and the crime was very poor in light of the method of the crime. The victims of each of the crimes of this case committed each of the crimes of this case, including many unspecified victims through Internet transactions, have reached several hundreds, and the amount of damage was large to KRW 258,00,000,000, and the recovery of damage was almost little.

However, the fact that the defendant recognized all of the crimes of this case and against each of the crimes of this case, among the victims, the victim F, CT, AI, CZ, CZ, BS, D, CB, and L do not want the punishment of the defendant, and the family members of the defendant are leading to the defendant is favorable to the defendant.

In light of the above circumstances, the Defendant’s age, character and conduct, home environment, health conditions, various circumstances, etc., which are the conditions for sentencing specified in the instant records and arguments, and the application of the sentencing guidelines of the Supreme Court sentencing committee, such as the background of each of the instant crimes and the circumstances after the crime, etc., the Defendant and the prosecutor’s above assertion are deemed to be too heavy and unreasonable.