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(영문) 부산지방법원 2015.11.13 2015노2550

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 4 million imposed by the court below against the defendant is too unreasonable.

2. The circumstances are recognized, such as the fact that the Defendant recognized the instant crime and reflected his mistake, that the Defendant agreed to pay 1.5 million won to the victim, and that the Defendant is the first offender.

However, the crime of this case is committed by deceiving a victim as if the defendant had the ability to repay money, and the case is not less than that of the crime. The victim seems to have reached a civil and criminal agreement in order to receive some of the money. However, the victim still suffers from property damage equivalent to the amount that has not been paid, even though the defendant is able to raise repayment funds through a collateral loan for real estate in his name, it is not taking an active effort, and other circumstances, which are conditions for sentencing as shown in the records, such as the defendant's age, environment, family relationship, circumstances leading to the crime of this case, and circumstances before and after the crime, are considered as being too unreasonable.

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.