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(영문) 창원지방법원 2020.08.21 2019노1448

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defendants) of the lower court’s penalty of KRW 5 million is too unreasonable.

2. It is an unfavorable circumstance that the subject matter of the instant crime, which the Defendant forged a written confirmation of the release of the Defendant and acquired the insurance money, is not easy, but the method of the crime is poor, the damage caused by the instant crime is rarely not recovered, and the record of punishment by fraud is only one time, etc.

On the other hand, the fact that the defendant reflects the mistake, that the amount of damage to the crime of fraud of this case is not much high, and that the health and home form of the defendant are not good is favorable.

In full view of these circumstances and all of the sentencing conditions shown in the instant argument, the lower court’s punishment cannot be deemed to be too unreasonable.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that the appeal is without merit.

(1) Since Article 40 and Article 50 of the Criminal Procedure Act was omitted in the part of the application of the law in the judgment of the court below, the addition is made pursuant to Article 25(1) of the Rules on Criminal Procedure, and the ex officio correction is made).