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(영문) 부산지방법원 2018.03.23 2018노172
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that: (a) the Defendant and the Prosecutor’s respective unfair arguments in sentencing together with each other; (b) the Defendant led to the confession of all the crimes and the Defendant’s mistake; (c) the primary offender was the first offender; and (d) the Defendant partially discharged

However, each of the crimes of this case committed by the defendant, while serving as an employee participating in the selection, etc. of the supplier, by deceiving the victims who operate the subcontractor, is not less than the liability for such crime, and the amount of the fraud is not less than 18 million won, the total amount of the damage recovery is not complete, and the victims do not agree with the victims, and there is no change of circumstances that may otherwise determine the age, sex, environment, motive, means and consequence of each of the crimes of this case, and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of each of the crimes of this case, shall be considered, and it shall not be deemed unfair because the sentence imposed by the court below is too heavy or too unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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