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(영문) 부산지방법원 2015.10.30 2015노2862
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment with prison labor for crimes No. 3 in the original judgment and six months of imprisonment with prison labor for crimes No. 1, 2, 4, and 5 in the original judgment) declared by the court below is too unreasonable.

2. On July 12, 2013, the above judgment became final and conclusive on July 2013. On November 26, 2013. On December 4, 2013, the above judgment became final and conclusive on December 4, 2013. Since the crime No. 3 of the judgment of the court below is in the relation between each crime of fraud for which the above judgment became final and the concurrent crimes under the latter part of Article 37 of the Criminal Act and each concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and thus, the sentence should be imposed concurrently in consideration of equity with the case where the judgment is rendered simultaneously pursuant to Article 39(1) of the Criminal Act.

However, the crime of this case is committed by deceiving victims and deceiving them by money or clothes, verbally, etc., and it seems that the nature of the crime is considerably poor in light of the method and contents of the crime, the agreement with the victims except the victims D, or the restoration of damage is not properly performed. The defendant has the record of having been sentenced once to a sentence for the same crime, twice of suspended execution, and 14 times of a fine, and the defendant committed the crime of this case again during the period of suspended execution due to the above final judgment, there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the judgment of the court below, and other various sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and the sentence sentenced to the crimes of Articles 1, 2, 4, and 5 of the judgment of the court below in the sentencing guidelines, among the majority crimes treatment criteria.

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