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(영문) 부산지방법원 2016.08.12 2015노4648
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the court below (two years of suspended execution and eight hours of community service in October) is too unfasible and unfair.

2. The crime of this case on the basis of the following facts: (a) the Defendant, by deceiving the victim E and deceiving the sum of KRW 35 million, by deceiving the victim E; and (b) by deceiving the victim F, a total of KRW 30 million was considerably poor in light of the methods and contents of the crime; (c) the Defendant denied the crime of this case at the lower court and did not reflect his mistake; and (d) the Defendant seems to have failed to reach an agreement with the victims up to now, there is a need for strict liability corresponding to it.

I see that it is.

However, the fact that the defendant's act of this case appears to have caused damage to the victims, and it appears that the victims have made efforts to recover damage, such as paying or depositing part of the amount of damage after the crime of this case, and there are no other criminal records except for the four criminal punishment of fines for this paper, and the defendant's age, career, sexual behavior, environment, motive and background of the crime, motive and background of the crime, method and method of the crime, the method and result of the crime of this case, etc., and the sentencing range of the defendant's punishment under the sentencing guidelines is determined on the basis of the sum of profits by applying the method of dealing with the same type of concurrent crimes among the majority crime processing criteria, if the punishment of this case is determined on the basis of the sum of profits by applying the method of dealing with the same type of crimes among the general fraud guidelines (the degree of special mitigation: the case where the person committed the act of deception with negligence or the case where the act of deception was weak).

In full view of the internal points, it is unfair that the sentence imposed by the court below is too unfilled and unfair.

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