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(영문) 부산지방법원 2015.06.05 2015노956

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of two million won imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the Defendant recognized each of the instant crimes and against his own mistake, partly repaid to the Korea Exchange Bank Co., Ltd., a company causing actual fraud, and the Defendant is not sufficiently capable of economic situation as a basic living recipient, and the Defendant’s health status is not good.

However, the crime of this case was committed by acquiring a total of 14 million won by arbitrarily stealing the name of the defendant and withdrawing cash or settling cash as living expenses after receiving a credit card. Nevertheless, the case is not less easily. Nevertheless, considering the fact that the defendant did not agree with the Korea Exchange Bank Co., Ltd. that was under criminal punishment for the same criminal act even before and after the crime was committed, and other circumstances that form the conditions for sentencing as indicated in the records, such as the defendant's age, environment, family relationship, circumstances leading to the crime of this case, and the situation before and after the crime, etc., the sentence of the court below cannot be deemed unfair because it is excessively unreasonable.

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.