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(영문) 창원지방법원 2020.06.11 2019노2610
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to 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 it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Defendant led to confession of a crime.

However, since the damage has not been completely recovered, the victim is punished for the defendant.

The defendant has 12 times the same time, and the majority of them are due to the acquisition of prepaid money, such as this case.

In addition, in full view of the following facts: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime committed, various conditions of sentencing as shown in the instant records and pleadings, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, the sentence imposed by the lower court cannot be deemed unfair because it is too unreasonable

Defendant’s assertion is without merit.

3. The defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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