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(영문) 부산지방법원 2019.10.10 2019노1928

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years of imprisonment for a period of ten months probation, one hundred and sixty hours of community service) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment in consideration of the method and amount of the instant crime, the criminal records of the Defendant, and the fact that the Defendant agreed with the victim.

Although the defendant shows an attitude to reflect his mistake, considering the fact that the defendant has a history of punishment for the same kind of crime, that the defrauded amount exceeds 50 million won, that there is no new circumstance to change the punishment of the court below in the trial, and that there is no other new circumstance to change the punishment of the court below in the trial at the court below and the party hearing, the defendant's age, character and conduct, motive and background of the crime, and circumstances after the crime, the punishment imposed by the court below is not severe within the reasonable scope of discretion.

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