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(영문) 부산지방법원 2015.10.23 2015노2081
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of one-year imprisonment sentenced by the court below to the defendant is too unreasonable.

2. It is recognized that the Defendant recognized each of the instant crimes and committed an act against his mistake, and that the Defendant operated the fraternity normally as a long-term guidance and operated the fraternity, and the circumstances, such as the Plaintiff’s occurrence of a reason for financial expenditure due to the husband’s aggravation of business operation, or the Plaintiff’s withdrawal from the fraternity without paying additional guidance, etc., leading up to each of the instant crimes, which led to a return of a new system to pay money to the previous guidance members, and the elderly health status is not good.

However, each of the crimes of this case committed by the defendant in violation of his duty and thereby causing property damage equivalent to the amount of KRW 63 million because the defendant did not pay to the victims a monthly payment from the fraternity members. Even if the monthly payment was made from the fraternity members, the case is not easy in light of the degree of damage amount and the frequency of the crimes. Since the amount of damage is reasonable as seen above, the victims did not take measures for recovery of damage. The victims are strongly wished to punish the defendant. The punishment determined by the court below is within the sentencing criteria of the Sentencing Committee of the Supreme Court, and there is no change in the sentencing criteria of the Sentencing Committee of the Supreme Court, and there is no other reason to view the defendant's age, environment, family relationship, circumstances leading to each of the crimes of this case, and circumstances before and after the crimes in this case, etc. as a whole, it cannot be deemed unfair from the court below's punishment.

Therefore, the defendant's assertion is without merit.

3. Conclusion.

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