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(영문) 부산지방법원 2016.07.07 2016노869
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The defendant's attitude to recognize and reflect the wrongness of the defendant, and the fact that the defendant has no criminal history in addition to being sentenced to a fine twice for violating the Labor Standards Act in relation to the operation of the company as stated in the judgment of the court below, can be considered as favorable circumstances.

However, in light of the economic situation of the above company at the time of the crime of this case, the progress of the business, the details of the defendant's use of deceptive money, etc., such as notifying the victim of false facts.

It can be assessed, and even if the amount of damage of the instant crime exceeds KRW 84 million, the damage has not yet been recovered, and the victim has the desire to punish the Defendant. In light of the fact that the nature of the instant crime and the possibility of criticism may be mitigated.

shall not be deemed to exist.

When considering the above circumstances and other circumstances, such as the Defendant’s age, sexual conduct, relationship with the victim, background of the crime, and circumstances after the crime, the sentence sentenced by the court below is within the scope of the reasonable discretion for sentencing.

The decision is judged.

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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