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(영문) 부산지방법원 2019.05.23 2019노361
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the summary of grounds for appeal (unfair punishment for eight months) shall be inappropriate;

2. The lower court determined that the sentence was chosen within the scope of the sentencing guidelines set by the sentencing guidelines and the recommended sentencing guidelines (one month of imprisonment between June and two months).

The lower court determined punishment by comprehensively taking account of the method of crime, the amount of damage, whether to recover damage, and the criminal records.

There is no error in the process of selecting the sentencing factors set forth in the sentencing guidelines.

Even if this court examines the sentencing factors and other factors of sentencing, the determination of the original sentence cannot be deemed unfair even after examining again the sentencing criteria, (the defendant did not deception the victim B in the supplement of appeal filed after the expiry of the lawful period of appeal grounds for appeal, and asserts that there was an intention and ability to repay. The victim made a statement consistent with the facts constituting an offense in this court. The defendant also made a statement in this court that the investigative agency was insufficient and insufficient to manage the manpower office. The defendant also made a statement in the investigative agency that the location of the use of the money received from the victim, the amount paid as interest to the victim, etc. are supported by the defendant's statement that the lack of self-sufficiency. The defendant deceiving the victim as stated in the facts constituting an offense, and recognized that he did not have any intention or ability to repay. The defendant did

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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