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(영문) 부산지방법원 2017.01.19 2016노4231
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The 6-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the Defendant’s attitude to recognize and reflect the Defendant’s mistake, the victim’s damage equivalent to KRW 54 million, such as recovering inventory equivalent to KRW 50 million after receiving KRW 4 million from the Defendant, appears to have been recovered. It is necessary to consider equity between the crime of this case and the crime of violation of the Control of Illegal Check Act, which is one concurrent offense after Article 37 of the Criminal Act, and the crime of fraud, etc. at the same time, and the fact that there was no other criminal history other than the one subject to a fine from around 2014, due to the nonperformance of the sentence points operated by the Defendant, until criminal punishment is imposed several times.

However, taking into account the fact that the Defendant used relatively active deceptive methods, and the intent of the defraudation cannot be deemed to be somewhat weak, and that the value of the defraudeded goods of this case reaches approximately KRW 125 million, and that the damage equivalent to KRW 70 million has not yet been recovered, the nature of the crime of this case and the possibility of its criticism cannot be deemed to be somewhat less.

Considering the above circumstances and the overall circumstances such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment sentenced by the court below is within the scope of the reasonable discretion for sentencing.

The decision is judged.

3. In conclusion, 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.

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