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(영문) 부산지방법원 2017.06.23 2017노418
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The circumstances favorable to the defendant include the fact that all of the judgments are recognized as crimes, the fact that there is no record of criminal punishment, the fact that part of the payment was made to the victims of fraud, and the fact that the damages suffered by workers have been recovered due to substitute payment.

On the other hand, the fact that the number of crimes and the amount of damage are significant, and the victims of fraud are expected to suffer serious economic and mental suffering due to the defendant's crime, etc. are disadvantageous to the defendant.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, motive, means, and consequence of the instant crime, and the circumstances after the commission of the crime, it does not seem that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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