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(영문) 창원지방법원 2013.11.01 2013노1595

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant recognized the instant crime and the Defendant appears to have difficulty in economic situation.

However, considering the fact that the amount obtained by the Defendant is not much, there is no evidence to deem that the Defendant made efforts to recover damage, the fact that the Defendant has the history of criminal punishment for the same kind of crime, the balance with criminal punishment for other crimes similar to the instant crime, the age-oriented family environment of the Defendant, and the circumstances before and after the instant pleadings, the lower court’s punishment is too unreasonable.

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.