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(영문) 부산지방법원 2017.02.02 2016노4293
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The three-year imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that there are circumstances such as the defendant's attitude to recognize and reflect the defendant's mistake, that the defendant does not want the above victim's punishment by mutual consent with the victim E at an investigative agency, and that the defendant has no record of the same crime as well as criminal punishment once due to the criminal offense, which is a repeated crime, etc. as

However, even though the defendant was sentenced to imprisonment in around 2013 with prison labor for the crime of fraud, such as fraud, in which he/she acquired money as a transaction price or embezzled money as a transaction price in the course of brokering real estate transactions, and completed the execution of the sentence on May 2014, he/she committed the crime of this case of the same kind again during the repeated crime period of about one year and two months thereafter, he/she committed the crime of this case; the defendant used actively deception method; the defendant repeated the crime of up to nine months against the victim about KRW 60 million in total; the remaining damage, excluding approximately KRW 19 million of the damage amount agreed above, has not yet been recovered, in light of the circumstances such as the fact that the crime of this case of this case and the possibility of criticism is very heavy.

The decision is judged.

Considering the above circumstances and other circumstances, the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence imposed by the court below is heavy.

shall not be deemed to exist.

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

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