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(영문) 부산지방법원 2016.09.22 2016노2537
사기
Text

The defendant's appeal is dismissed.

Reasons

1. One-year imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that there are circumstances such as the defendant's attitude to recognize and reflect the defendant's mistake, and that the defendant does not want the defendant's punishment in agreement with the victim at the court below.

However, even though the amount of fraud of this case reaches KRW 80 million, there is a variety of circumstances, such as the nature of the crime of this case and the possibility of criticism, such as the fact that the damage equivalent to KRW 70 million has not yet been recovered and the victim seems to have suffered serious damage. Nevertheless, even if part of the amount of fraud has been acquired, it seems that the victim would have prepared a written agreement without any choice to be able to obtain repayment, the defendant has obtained money by repeatedly using active deception methods through about three months, the defendant was sentenced twice in around 2006 and around 2006, and the defendant was sentenced to punishment twice in fraud at around 2006.

Considering the above circumstances and the overall circumstances such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, the punishment sentenced by the court below is within the scope of the reasonable discretion for sentencing.

The decision is judged.

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.

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