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(영문) 부산지방법원 2013.03.22 2013노205

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal argues that the defendant asserts that the sentence of the court below (one year of imprisonment) is too unreasonable, and the prosecutor asserts that the sentence of the court below is too uneased and unreasonable.

2. The crime of this case is deemed to have been committed by deceiving the victims by deceiving them through the selection of recipients of basic living, the selection of recipients of persons with disabilities, the occupation of rental apartments, etc., and the punishment of the defendant is inevitable in light of the following: in light of the economic difficulty of the victims and the law enforcement method using the legal services, even if the amount of damage by each victim is not much high, the victim is a majority, the victim is not agreed with the victims up to the trial, and most of the amount of damage has not yet been paid, and the defendant has been punished for fraud two times.

I would like to say.

Meanwhile, in full view of all the circumstances such as the fact that the Defendant had suffered economic difficulties, which led to the instant crime, the partial recovery of damage to the victim K,O, and D, the fact that the Defendant has no history of punishment by sentence, the Defendant recognized and is in profoundly against the Defendant’s recognition of the instant crime, the Defendant is a disabled person, and the Defendant’s age, environment, occupation, and family relationship, etc., the sentence of the lower court cannot be deemed to be unfair because it is too hot or unfasible.

The defendant and prosecutor's assertion are without merit.

3. In conclusion, since the appeal of this case by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.