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(영문) 부산지방법원 2018.04.27 2017노4259
유사수신행위의규제에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (unfair sentencing) of the lower court (a prison term of three years of suspended execution in one year and six months of imprisonment, and a community service of 200 hours) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court rendered a community service order for a period of three years and 200 hours in one year and six months in consideration of the following favorable circumstances: (a) the Defendant recognized the instant crime and against himself; (b) the Defendant did not have any criminal record exceeding the fine; and (c) returned to the victims a considerable portion of the amount received in the name of the victim as allowances, etc.; and (d) the amount received and the amount obtained by the defrauded was more than KRW 98,8140,00,000, and (e) considered the fact that the sum of the amounts received by the victim

The court below determined a sentence in consideration of all the above circumstances, and there is no change in the sentencing conditions different from that of the court below in the first instance.

In addition, considering the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

The defendant's argument of sentencing is not accepted.

3. 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 groundless.

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