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(영문) 부산지방법원 2017.01.12 2016노4208
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three years of the suspended sentence of one year and six months) is too unhued and unreasonable.

2. The criminal defendant's participation in the judgment is a planned and systematic intelligence against many unspecified persons by misrepresenting to a financial institution or public institution. It not only causes damage to a large number of good citizens, but also causes harm and injury to a financial institution or public institution, such as undermining the trust of the financial institution or public institution, and promoting the general society of society, and thus, the role of the participants or personal gains are not significant.

Even if it is necessary to punish it, it is necessary to do so.

However, in light of the favorable circumstances such as the defendant's character and behavior, environment, background of the crime of this case, degree of discourses, and circumstances after the crime, etc., the punishment imposed by the court below is within the scope of proper sentencing discretion, considering all the sentencing conditions shown in the records and arguments of this case, such as the following: (a) the defendant showed an attitude against the defendant to recognize the crime of this case; (b) the amount of the fraud of this case is not significant; (c) the defendant repaid the victim the part of the amount of the fraud; and (d) the victim and the victim agreed smoothly; and (d) the defendant was not the principal offender of the crime of this case; and (e) the period during which the defendant participated in the crime of this case is relatively short and less than the number of times

The decision is judged.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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