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(영문) 부산지방법원 2017.07.13 2017노1842
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the Defendant are recognized, such as the confession of the instant crime by the Defendant, against the mistake, etc.

However, the crime of this case is deemed to have been committed by the defendant by deceiving the victim I, thereby deceiving the amount equivalent to KRW 160 million, in light of the content and amount of the crime, and in particular, the responsibility of the crime is very heavy in light of the crime, especially the fact that the defendant used the damage amount of this case as gambling funds, entertainment expenses, etc., the defendant is not making any effort to recover the damage of the victim, the defendant has the record of having been punished several times for the same crime, and the defendant commits the crime of this case at the same time during the repeated offense period for the same kind of crime, and in our criminal litigation law, which takes the trial-oriented principle and direct principle, there is no change in the conditions of sentencing in the sentencing of the first trial compared with the first trial, and the sentencing of the first trial is not beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

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

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