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(영문) 부산지방법원 2018.05.24 2018노962
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for 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 where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The Defendant agreed in the lower court to reimburse the victim D (amount of damage KRW 23 million) and I (amount of damage KRW 3 million).

However, the crime of this case is deemed to have forged a real estate lease contract, etc. under the name of a lessor in the course of the crime of deceiving four victims who reported and contacted the advertisement of each real estate lease posted by the defendant while working as a real estate brokerage assistant, and forged the real estate lease contract, etc. under the name of a lessor in the course of the crime of defraudation. It is necessary to strictly punish the defendant in light of the circumstances of the crime, frequency, amount of fraud, etc.

In addition to criminal punishment of a fine for the same kind of crime in 2010, the defendant has a record of criminal punishment, and there is no new change in circumstances that may change the punishment of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, occupation, method of crime, family relation (referring to 10 years old and 8 years old and 10 years old and 8 years old and 8 years old and 10 children after divorce with the defendant's wife) as shown in the hearing of the lower court and the party, the sentence imposed by the lower court 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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