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(영문) 부산고등법원 2017.02.16 2016노698
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. In full view of the various factors that serve as the conditions for sentencing as shown in the judgment of the court below, the judgment of the court below that deemed the principal sentencing factor as the amount of defraudation, the place where the amount of defraudation is used, the agreement with the victim, the defendant's reflective power and criminal records, the equity in the case where the judgment becomes final and conclusive at the same time exceeds the reasonable limit of discretion.

It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.

3. Accordingly, the Defendant’s appeal is dismissed (Article 364(4) of the Criminal Procedure Act).

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