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(영문) 부산지방법원 2015.02.05 2014노4100

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is very doubtful as to whether the defendant's punishment system is genuine and is against the circumstances after the crime, such as the fact that there is a history of punishment for the same kind of crime, and that most damage has not yet been recovered even though the amount of fraud reaches 300 million won, and that the statement about the situation and degree of participation of the defendant and the accomplice D, who is the defendant and accomplice, up to the trial court, is not consistent with each other or completely, and that there is no practical effort to compensate for damage up to five years after the time of the crime, and whether the defendant's punishment system is in conflict with the truth, and that there is no doubt about the circumstances after the crime is committed, such as denying the criminal intent for the crime by deceiving various dopings until the court below, and the fact that there is no change in circumstances to take into account the punishment differently after the decision of the court below was made, and the motive and circumstances of the crime in this case, the defendant's age, character and behavior, and the environment of this case are considered.

3. In conclusion, 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.

(However, the second page of the judgment of the court below is corrected to X according to the correction of the indictment of the public prosecutor in the trial).