beta
(영문) 부산지방법원 2015.12.03 2015노2908

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. The judgment of the court below is reasonable in light of the following factors: (a) the defendant led to the crime of this case; (b) the first head judgment of the court below, together with the crime of this case which became final and conclusive, should consider equity in the case of the defendant; (c) there has been three identical records in favor of the defendant; (d) yet to reach an agreement with the victim or fail to repay the damage; (e) the court below has determined the above punishment by reducing a fine of 2 million won to the defendant by a summary order against the defendant, taking into account the circumstances favorable to the defendant; and (e) there is no change of circumstances that may change the defendant's age, character and conduct, intelligence and environment, relationship with the victim; (e) the motive, means and consequence of the crime of this case; and (e) the circumstances after the crime.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.