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(영문) 부산지방법원 2017.10.19 2017노1964 (1)

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (ten months of imprisonment and two years of suspended execution, and three hundred hours of community service order) against the Defendant as to the gist of the prosecutor’s appeal grounds is unreasonable.

2. The crime of this case, based on the judgment, is deemed to have been committed by the Defendant as if the Defendant sold the goods, thereby deceiving the amount equivalent to KRW 18.6 million from the victims. In light of the frequency and period of the crime, and the amount of defraudation, etc., the circumstances unfavorable to the Defendant are recognized, such as the considerable amount of

However, the defendant's confession of the crime of this case and reflects his mistake in depth through confinement for a considerable period of time, the defendant paid a total of KRW 11 million to the victims for the recovery of damage, and there is no criminal history exceeding the fine to the defendant, and the defendant's parents failed to repeat the crime by wanting the defendant's wife.

It is reasonable to respect the defendant in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant in the above recognized judgment do not constitute a special change of circumstances that could change the sentence of the lower court after the pronouncement of the judgment by the lower court, and other circumstances, which are all the conditions of sentencing specified in the argument of this case, such as the defendant’s age, sexual behavior, environment, etc., are taken into account.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.