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(영문) 부산지방법원 2013.12.12 2013노3430

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is acknowledged as not having good health conditions due to the high blood pressure, etc. of the defendant aged, but the crime of this case is deemed to have been committed by deceiving the victims as soon as the completion permission was granted, and by deceiving them as a sum of KRW 110 million in the name of lease deposit. The victims should pay the principal and interest of the apartment in a situation where the financial institution was loans to prepare the above lease deposit money was not damaged, and the victims are faced with a crisis in the above apartment house. The defendant went back to the crime of this case again even though he had been punished three times by the same fraud, even though he had been committed three times in the past, and the defendant did not come to the crime of this case by agreement with the victims or made efforts to change the damage, and there are other various circumstances such as the motive, circumstance and degree of each crime of this case, the character of the crime, personality and conduct of the defendant, etc., and the sentencing conditions in this case are too heavy.

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.