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(영문) 부산지방법원 2014.06.27 2014노168

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable that the punishment of 8 months sentenced by the defendant is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the crime of this case, and the defendant currently suffers from high blood pressure, melting melt, spinin vertecule, and light signboard disorder, etc., and the crime of this case is in the concurrent relationship between the criminal record of the court below and the latter part of Article 37 of the Criminal Act, and thus, it is recognized that the case should be considered in accordance with Article 39(1) of the Criminal Act.

However, the crime of this case was committed in full view of the following circumstances: (a) the Defendant committed the crime of this case in a less trust with the victim; (b) by deceiving the victim to obtain pecuniary benefits equivalent to KRW 34 million; and (c) the victim did not suffer any damage equivalent to the same amount; (d) the victim did not reach an agreement with the victim up to the trial; and (e) the court below complained of the victim to punish the Defendant strictly; and (e) other circumstances, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime; and (e) the circumstances before and after the instant crime, etc., which are conditions for sentencing as indicated in the records, are considered unreasonable.

Therefore, the defendant's appeal is without merit.

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