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(영문) 부산지방법원 2016.08.18 2016노272

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 (700,000 won) is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflected, and there was a relatively small amount of damage and active deception.

There are circumstances that can be considered in light of the favorable circumstances for the defendant, such as the fact that it is not visible, the fact that there is no particular criminal punishment except for punishment twice through minor fines, and that there is no record of the same kind of crime.

However, the defendant paid damages and agreed with the victim.

In light of the following facts: (a) the court below did not submit objective materials to prove this even if it had yet been asserted; (b) the court below partially reduced the amount of fine prescribed in the summary order by taking account of the circumstances favorable to the defendant; and (c) the Defendant’s age, sex, environment, motive and circumstance of the instant crime; and (d) all of the sentencing conditions indicated in the records and arguments, such as the circumstances after the instant crime, etc., the sentence imposed by the court below cannot be deemed unfair.

Therefore, the defendant's assertion is without merit.

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