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(영문) 부산지방법원 2017.05.18 2016노5124
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (2,500,000 won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake, and the defendant's situation as a basic living recipient is not a designated judicial branch for the following reasons.

However, the crime of this case is deemed to have been obtained by deceiving the victim who trusted himself/herself two times or more, and the crime of this case is planned to be less than 6,00,000 won in light of the target of damage and the amount of defraudation, the crime of this case is not committed, the defendant has a lot of criminal records, the defendant does not make any effort to recover the victim's damage, the defendant has no specific jurisdiction over the judgment of sentencing in our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, where there is no change in the conditions of sentencing compared with the first instance court, and the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), and the circumstances favorable to the above recognized defendant do not fall under any special change in circumstances that could change the sentence of the court below after the sentence of the court below, and there is no reason to consider the circumstances that the defendant's punishment of this case is too unfair for the defendant's age, the defendant's environment, etc.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the “victim” among the “criminal facts” column of the judgment below ex officio is corrected as “victim D.”

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