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(영문) 부산지방법원 2021.01.28 2020노3642
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The determination of the grounds for appeal (unfair sentencing) is unreasonable.

2. The sentence imposed by the court below is within the scope of recommendations according to the annexed sentencing guidelines (from August to four years).

In consideration of the defendant's reflectivity, punishment history, the victim's role in expanding the occurrence of crime, the punishment was determined in consideration of the frequency of crime, the amount of fraud, the recovery of damage, etc.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.

Even if this Court re-examines the sentencing factors and other factors of sentencing that are set forth in the sentencing guidelines for fraud, the amount of the original sentence is inappropriate.

3. The appeal by the defendant is without merit.

Article 364 (4) of the Criminal Procedure Act is dismissed.

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