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(영문) 부산지방법원 2016.02.05 2015노3632

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is unreasonable because the court below's imprisonment with prison labor for six months, which the defendant was the defendant, is too unreasonable.

2. The following facts are acknowledged: (a) the Defendant recognized the instant crime and against his mistake; and (b) the instant case is in the concurrent relationship between the crime of fraud using computers, etc. for which judgment has become final and conclusive and the group’s concurrent crimes after Article 37 of the Criminal Act; and (c) there is a need to determine the punishment in consideration of equity with the case where judgment is to be rendered simultaneously pursuant to

However, in light of the fact that the crime of this case was committed by the Defendant by defrauding the total amount of KRW 27750,000 from the damaged person for the purpose of purchasing the second class of the crime, and that the case is not less than that provided, the Defendant was punished for the same criminal record twice, the Defendant did not agree with the victim up to the trial of the case, and other circumstances, including the Defendant’s age, environment, occupation, family relationship, circumstances leading to the crime of this case, and circumstances after the crime, etc., the lower court’s punishment is not unfair.

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