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(영문) 부산지방법원 2016.10.28 2016노2986
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below imposed on the defendant is too unreasonable (the fine of 500,000 won).

2. It is recognized that the defendant confessions the crime of this case and reflects his mistake in depth, and the crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. in the judgment of the court below, which became final and conclusive, and the punishment should be imposed at the same time in consideration of equity with the case where the judgment is to be rendered at the same time in accordance with

However, the crime of this case is deemed to have been acquired by deceiving the victim D by deceiving the defendant, which is equivalent to KRW 895,00,00 in total, and by taking account of the methods and contents of the crime. The crime of this case is highly poor in light of the law and contents, the defendant committed the crime of this case even though he had been sentenced once to the punishment for the same crime and ten times of fine, and there is no special circumstance or change in circumstances that may be newly considered after the decision of the court below, and other various sentencing conditions specified in the argument of this case, including equity in sentencing with the same and similar cases, the age of the defendant, character and conduct, environment, motive and circumstance of the crime, etc., are considered to be unfair because the sentence imposed by the court below is too unreasonable.

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.

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