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(영문) 부산지방법원 2018.05.03 2018노543
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The total amount of money acquired by deception due to the instant crime is not recovered from most damages up to now to now in the name of KRW 103,732,00, and the criminal defendant has been punished for the same crime three times until now, and there is no new change in circumstances that could change the sentence of the lower court in the trial.

In addition, when comprehensively considering the conditions of sentencing, such as the living environment, family relations, and attitude of the defendant in a trial, the punishment imposed by the court below is conducted within the reasonable scope of discretion and is not hot.

3. Accordingly, 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. It is so decided as per Disposition.

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