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(영문) 부산지방법원 2016.11.24 2016노3596
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. There are circumstances that can be considered, such as the fact that the accused makes a confession of the instant crime while committing the instant crime, and that the amount obtained by the accused is not very large as KRW 180,000.

However, considering the fact that the Defendant was punished eight times as a crime related to fraud, four times as a punishment for suspended sentence, and two times as a fine, and that the Defendant again committed the instant crime without being familiar with the Defendant even though he was a repeated crime period, the Defendant was unable to agree with the victim, and there is no change in the circumstances that may be considered as a reason for sentencing in the trial, and the Defendant’s age, character and behavior, environment, family relationship, means and consequence of the instant crime, and other various circumstances that form the conditions for sentencing specified in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, family relationship, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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