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(영문) 부산지방법원 2017.08.11 2017노1974
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the defendant made a confession of all crimes and repents his mistake.

However, if the defendant has been sentenced to a fine and has the record of being sentenced to a suspended sentence for a total of times, and there is a record of being punished for the same crime, and the amount of fraud is a very large amount exceeding 449 million won, but the damage was not recovered and the victims did not agree with the court below, there is no change of circumstances that may otherwise determine the defendant's age, sex, environment, motive, means and consequence of each of the crimes in this case, and the scope of recommended sentencing guidelines for the enactment of sentencing guidelines by the Supreme Court, such as the circumstances after the crime, etc., it is not recognized that the court below's punishment is unfair because it is too excessive.

Therefore, the defendant's assertion is without merit.

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

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