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(영문) 부산지방법원 2016.09.08 2016노1109
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment sentenced by the original court in the summary of the grounds for appeal (two years of imprisonment with prison labor for a year, two years of suspension of execution, and one hundred and twenty hours of community service order) is too unhued and unreasonable.

2. The crime of this case is a planned crime committed by the Defendant under the purpose of acquiring a vehicle from a vehicle and selling it to a so-called large vehicle, using intelligent water methods, such as submitting forged documents, and even if the person who was unable to receive the overall plan and preparation for the crime of this case was in charge of the name, the Defendant was also aware of the overall contents and participated in the crime of this case, and the amount of damage caused by the crime of this case is equivalent to KRW 63 million, and the damage equivalent to KRW 58 million has not yet been recovered, and there is a variety of circumstances where the nature of the crime of this case or the possibility of its criticism cannot be easily viewed.

However, there are no other criminal records except that the defendant has been sentenced once to a fine due to gambling, the profit that the defendant received from his accomplice appears to be merely KRW 7 million, and the economic situation of the defendant or the motive and circumstances that the defendant participated in the crime of this case should be considered as normal in favor of the defendant.

Considering the above circumstances and other circumstances such as the defendant's age, character and conduct, environment, and circumstances after the crime, the sentence sentenced by the court below is within the scope of appropriate sentencing discretion.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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