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(영문) 부산지방법원 2015.04.16 2015노733
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant made a confession of all of the instant crimes; (b) the agreement between the victim J and the original trial; and (c) there was no record of having been punished or sentenced to suspended execution or heavier punishment for the

However, each of the crimes of this case was committed by deceiving loan applicants and allowing them to open mobile phones, and by taking account of the fact that the case was not less complicated, the case was prepared and executed in a planned manner, the majority of the victims, and the amount of damage was significant, but it was not agreed upon with most victims, but it was not completely recovered, and even if the Defendant appears to have acquired most profits from the crime of this case as the operator of "H", it is not good to the nature of the crime, such as imposing liability on other accomplices who are merely employees employed by the Defendant, even though they seem to have acquired most profits from the crime of this case, it is not desirable to impose punishment of the court below, taking into account the motive and circumstance leading up to the crime of this case, the balance between the sentencing with the same and similar cases, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, and other various circumstances that are the conditions of sentencing specified in the records and arguments of this case.

3. 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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