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(영문) 부산지방법원 2020.05.14 2020노611
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the main sentence of the grounds for appeal is unreasonable;

2. The lower court, while taking into account the following factors: (a) the Defendant’s reflectivity, the amount of defraudation, and the amount of judgment, together with the crime for which judgment has become final and conclusive; and (b) the sentence was imposed in consideration of the period of repeated crime,

There is no change in sentencing elements in the appellate court.

Although the sentencing guidelines do not apply to the latter concurrent crimes relationship under the latter part of Article 37 of the Criminal Code, even if this court reviewed the sentencing factors, and other factors of sentencing which are set forth in the sentencing guidelines for fraud, the amount of the original sentence is inappropriate.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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