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(영문) 부산지방법원 2018.12.20 2018노3813
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The telephone financing fraud and the so-called “Ssinging” crime are crimes against many unspecified victims, and thus, it is not easy to arrest the criminal due to the fact that there is a substantial adverse impact on society, and thus, it is not easy to arrest the criminal, in light of the criminal fact of the Defendant, which is the duty to withdraw the smoking.

Although the Defendant made an agreement with the nine victims of fraud at the lower court, the Defendant paid 1 million won to one victim of fraud and additionally agreed to pay 1,00,000 won, it cannot be viewed as a new normal relationship or change of circumstances that could change the sentence of the lower court.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, motive and background of the crime, circumstances after the crime, and criminal records, as shown in the deliberation of the court below and the party, the punishment imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

3. Accordingly, 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. It is so decided as per Disposition.

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