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(영문) 부산지방법원 2015.02.05 2014노4396
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (three years and six months of imprisonment) too unreasonable.

2. The Defendant, in collusion with a female living together during the period of repeated crime, acquired a large amount of money exceeding 300 million won by deceiving the victims as a refluence. Considering the scale of damage, method of crime, motive, etc., the risk of recidivism in light of the criminal records of the same kind is very likely to be high. Furthermore, when the accomplice C applied for bail to cause damage to the victim in the original trial, he/she went away as he/she had been released, and then his/her location is unknown until now. As such, there is no change of circumstances that may be considered in sentencing, such as damage change, etc., since there is no change of circumstances from the sentence of the lower judgment to the trial, and there is no other various circumstances that are the conditions for sentencing as indicated in the instant case, such as the Defendant’s character, conduct, and environment, it cannot be said that the sentence imposed by the lower court is excessive.

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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