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(영문) 부산지방법원 2016.09.07 2016노2576
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. It is recognized that the circumstances such as the confession of the Defendant to the instant crime and his depth reflects his mistake.

However, the crime of this case is deemed to have been obtained by deceiving the victim in a total of 6,7620,00 won through a total of 6 times, and the crime of this case is considerably poor in light of the method and content of the crime, the defendant committed the crime of this case when he had been sentenced to two criminal punishments for the same crime, even though he had the record of two criminal punishments for the same crime, it seems that the agreement with the victim or the recovery from damage has not been properly made up until now, there is no special circumstance or change that can be newly considered after the decision of the court below, and other various sentencing conditions specified in the argument of this case, such as equity of sentencing with the same and similar cases, the age and experience of the defendant, career, character and behavior, environment, motive and circumstance of the crime of this case, method and method of the crime of this case, the sentence imposed by the court below falls under the basic area of category 1 (100,000 won among the "ordinary fraud" of the sentencing guidelines according to the sentencing guidelines, and thus the scope of the recommendation is within six months of imprisonment.

In full view of internal points, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too unreasonable.

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

3. The defendant's appeal is without merit. Thus, 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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