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(영문) 부산고등법원 (창원) 2018.07.11 2018노124
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the determination - The defendant recognized and reflected the instant crime.

- there is no record of criminal punishment exceeding the same kind of crime and fine.

- With the consent of the victim H, the above victim does not want the punishment of the defendant.

Some of the victims have been recovered.

The defendant acquired money exceeding KRW 760,000 from several victims for a considerable period of time.

The nature of the crime is bad and bad in light of the period and scale of the crime.

- The victims still have not been recovered from damage to the considerable portion of the money that the victims acquired by the victim, and the victims have suffered from mental and economic pain (the Defendant asserts that most damage to the victims E, etc. was recovered when based on account transfer details, etc., but there was considerable portion of cash transactions between the Defendant and the victims, and most damage was recovered solely on account transfer details claimed by the Defendant, since the victims’ complaint does not include all the monetary transactions between the Defendant and the victims.

It is difficult to see that some victims have filed a petition for severe punishment of the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the arguments, including the circumstances after the crime, the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, and the sentencing of the first deliberation is not beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the sentence imposed by the lower court is too unreasonable.

The defendant's assertion is rejected.

3. If so, the defendant's appeal is justified.

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