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(영문) 부산지방법원 2020.10.29 2020노2731
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. If 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.

However, there is no change in circumstances to consider the sentencing after the judgment of the court below, and the defendant, while operating the successful bid system by using trust relationship with many victims, acquired money again in the name of the borrowed money in order to cover the shortage of money, and the amount of damage caused by each crime of this case is more than 600 million won, and more than 10 years have passed since the crime of this case, resulting in continuous suffering to the victims, and additional crimes such as receiving hospital treatment in the name of another person to avoid the tracking of the crime, and most victims want not recover damage, so they want to punish the defendant. The victim AB does not want to punish the defendant with 10,000,000 won repaid from the defendant and did not want to be punished for the defendant, and there is an attitude that the family members want to support the defendant, and it does not seem unfair from the judgment of the court below in full view of all the records and arguments in the course of the crime of this case.

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 on the ground that it is without merit. It is so decided as per Disposition.

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