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(영문) 부산지방법원 2017.05.12 2016노5104
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. The fact that the judgment of the court below is recognized, that the victim H has agreed smoothly with the victim, that part of the amount of damage would have been settled by monthly rent, etc. in the case of fraud against the victim C, and that the equity in the case of a judgment at the same time with the first head of the crime in the judgment of the court below, which is in the relationship of single concurrent crimes after Article 37 of the Criminal Act, should be considered.

However, in full view of all the circumstances, such as the fact that the lower court appears to have determined the sentence in consideration of such favorable circumstances, the amount of damage exceeds KRW 80,000,000, and the case is not less than that of the victim C, and there is no agreement with the victim C, and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it is difficult to view that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the lower court is too unreasonable.

Therefore, we do not accept the above argument of the defendant's above sentencing.

3. In conclusion, 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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