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(영문) 부산지방법원 2019.06.27 2018노4200
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). The crime of this case is deemed to have been committed by the Defendant by deceiving four victims, thereby deceiving them more than a total of 500 million won, and the lower court committed the crime of this case during the period of suspension of execution due to the same kind of crime. However, the lower court determined a punishment in consideration of the fact that part of the amount of damage was returned to victims, the fact that the Defendant reflects the victim, the equity between the case where the judgment becomes final and conclusive, and there are no new circumstances to change the sentence of the lower court

In addition, considering the following factors, comprehensively taking into account the Defendant’s age, character and conduct, records of the crime, the method and circumstances of the crime, and the circumstances after the crime, the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

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

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