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(영문) 부산지방법원 2019.05.30 2019노283
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment in consideration of the following: (a) although the Defendant deposited KRW 300 million for the victim and recovered considerable damage therefrom; (b) the amount of fraud is large and the content of deception is bad; and (c) it is difficult to deem that the victim was fully recovered from the victim’s damage; (d) there is no change in circumstances or normal relationship that could change the sentence of the lower court

Considering the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime, etc. as revealed in the oral arguments at the lower court and the party hearing, the sentence imposed by the lower court is not hot, as it takes place 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 on the ground that it is without merit. It is so decided as per Disposition.

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