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(영문) 부산지방법원 2017.06.16 2017노1288
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment and a fine of three million won) is too unreasonable.

2. Determination is recognized that the Defendant, who led to the confession of all crimes, repents his mistake, and that there is no particular criminal history other than a fine of KRW 3 million due to a violation of the Road Traffic Act (driving in Drinking) around 2013.

However, in light of the form, method, frequency, etc. of each of the crimes of this case, the liability for the crime of this case is very very rough, and the amount of the fraud exceeds 89 million won, and the victims also have a total of 82 persons. Nevertheless, most of the damage was not recovered, the victims did not agree with the victims, the gambling period is longer than 10 months, and the gambling period exceeds 434 million won, and the gambling period exceeds 434 million won, there is no change of circumstances that may otherwise determine the defendant's age, sex, environment, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, etc., it is not recognized that the court below's excessive punishment is unfair because it is too inappropriate in consideration of all the sentencing conditions as shown in the arguments of this case, such as the defendant's age, sex, environment, motive, means and result of each of the crimes of this case, and the circumstances after the crime.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 1,106,480 of the judgment of the court below on the grounds that “1,34,480 won” in the disposition 10 of the judgment of the court below is clearly a clerical error in the betting amount, and thus, the Defendant’s appeal is corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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