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(영문) 부산지방법원 2014.07.24 2014노1962

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the reasons for appeal is that the defendant asserts that the court below's punishment is too uneasible, and that the prosecutor is too uneased and unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant made a confession of all of the instant offenses; and (b) the fact that all of the victims of the instant larceny were returned to the victim; and (c) the Defendant paid KRW 1 million to the victim as consolation money.

On the other hand, the fact that the amount of the fraud of this case was acquired as a sum of 60 million won, and the victim did not agree with or recover from damage up to the trial, the defendant's previous criminal record of larceny was five times, and the previous criminal record of fraud was four times, and in particular, on February 11, 2010, the Daegu District Court sentenced 1 year and six months to imprisonment for fraud, etc. on February 11, 201, and again committed each of the crimes of this case during the period of repeated crime after the execution of the sentence was completed, and then again committed each of the crimes of this case during the period of repeated crime is disadvantageous to the defendant.

In full view of the aforementioned circumstances and other factors, such as the Defendant’s age, character and conduct, motive for the instant crime, and the circumstances after the crime, the lower court’s punishment cannot be deemed to be excessively light or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

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