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(영문) 부산지방법원 2016.06.24 2016노1415
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. It is recognized that the Defendant made a confession of all of the instant crimes when the Defendant was in a trial, and his mistake is repented in depth, and that it appears that he paid KRW 29 million to the victim as a result of the crime indicated in Paragraph 1 of the crime committed in the judgment below, and that there is no other criminal record except criminal punishment of KRW 1.5 million due to a violation of Road Traffic Act (drinking).

However, the crime of this case was committed by deceiving the victim by deceiving the victim two times, and the crime of this case was considerably poor in light of the method and contents of the crime. Nevertheless, it appears that the agreement with the victim or restoration of damage has not been properly performed until the judgment was in the court, and other various sentencing conditions specified in the argument of this case, such as equity in sentencing with the same or similar case, the defendant's age, sexual conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., as well as the sentencing range based on the sentencing guidelines, if the sentence imposed by the court below is determined on the basis of the sum of profits by applying the method of dealing with the same concurrent crimes among the multiple sentencing criteria, each of the crimes of this case constitutes the basic area of the 1.1 billion won (less than KRW 100 million) of the sentencing guidelines, and the scope of sentencing power is from June to June 1.

In full view of internal points, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.

Therefore, we cannot accept the defendant's above assertion.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure). However, according to Article 25(1) of the Rules on Criminal Procedure, two parts of the judgment below’s “Evidence.”

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