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(영문) 부산지방법원 2015.07.10 2014노4571
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (six months of imprisonment) imposed on the accused by the court below is too unreasonable.

However, it is recognized that the circumstances such as the confession of the entire crime of this case by the Defendant and reflects his mistake, and there is no record of criminal punishment.

However, if the Defendant did not agree with the victims until now, did not properly recover damage, there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment, and the various sentencing conditions shown in the argument of the instant case, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., and the sentence imposed by the lower court determined the type based on the sum of the amount obtained by applying the same method of treatment among the criteria for imposing multiple crimes to each crime subject to the sentencing guidelines, the scope of the recommended sentence becomes the basic area of category 1 (less than KRW 100 million) among the "general fraud" in the sentencing guidelines for the fraud crime, and the scope of the recommended sentence becomes six months from six months to one year.

In full view of the lower limit, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.

Therefore, the defendant's above assertion is not accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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