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(영문) 창원지방법원 2015.06.24 2015노839
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the offenses No. 1, 12-b, 13: Imprisonment with prison labor for three years and six months, Articles 2 through 11, 12-A, 14 of the judgment, and 30,000 won) that the court below made is undue.

2. Although there are favorable circumstances, such as the confession and rebuttal of the defendant, the fact that the defendant made a confession and reflects against the judgment, the fact that the defendant is faced with a liverer, etc., the fact that the crime of larceny and the crime of larceny in the judgment of the court at the same time should be considered in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of larceny in the judgment of the court at the same time. However, the sum of the amounts acquired through the crime of each of the crime of this case reaches KRW 3.2 billion in total, most of the damages are not repaid, the defendant has been punished for fraud in the past, and the court below has been sentenced by taking full account of the favorable circumstances of the defendant, and there is no special reason to change the sentencing after the decision of the court below, the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (Article 1, 12-B, 13: 2 through 10, 12-A, and 14: 18 years or more.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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