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(영문) 부산지방법원 2018.02.09 2017노4539
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too heavy or (one year of imprisonment) it is too heavy.

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

After completion of the execution of imprisonment with prison labor between eight months for similar crimes, the amount of damage (22 persons, total number of 8,201,00 won) is small.

It is not possible to see, and most of the frauds are used for Internet gambling, etc., which is disadvantageous to the defendant.

On the other hand, some victims (six persons, 2,065,00 won) who reflects the defendant's wrong and partly damaged during the investigation process are recognized as favorable to the defendant.

In addition to the above circumstances, considering various circumstances such as Defendant’s age, sex, environment, etc. and equity with the punishment of the same similar case, the sentence of the lower court is too heavy or unreasonable.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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