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(영문) 부산지방법원 2016.07.28 2016노1445

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 (five million won penalty) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant, who led to the confession of the instant crime while committing the instant crime; (b) the full amount of damage was deposited for the victim; and (c) the relationship between fraud for which the judgment has become final and conclusive and the concurrent crimes after Article 37 of the Criminal Act; and (d) the

However, the amount of fraud through the crime of this case is not more than 30 million won, and the defendant has a criminal record for the same crime, and the court below has determined the punishment by fully considering the circumstances favorable to the defendant, and there is no change of circumstances that may be considered in the sentencing in the trial, and considering various sentencing conditions such as the defendant's age, sex, environment, means and method of the crime, and circumstances after the crime, the punishment imposed by the court below is too unreasonable.

3. As such, the Defendant’s appeal is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act (see, e.g., Supreme Court Decision 201Da36428, Apr. 1, 201; Supreme Court Decision 201Da3644, Apr. 1, 201).