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(영문) 부산지방법원 2019.07.18 2019노1330
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and three months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). The lower court determined a punishment in consideration of the following: (a) the amount of damage exceeds KRW 90 million; and (b) the victims are unable to recover from damage; and (c) there is no new circumstance to change the sentence of the lower court in the trial.

In addition, considering various sentencing conditions, such as the Defendant’s age, character and conduct, criminal records, criminal records, the method and circumstances after the crime, etc. as shown in the argument of the court below and the party hearing, the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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