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(영문) 창원지방법원 2014.10.29 2014노1001

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. The Defendant recognized the instant crime and reflected the mistake, etc. that is favorable to the Defendant.

However, the crime of this case is deemed to have been provided with liquor equivalent to KRW 7,50,00 in total from the victim without the intent or ability to pay the price, and the nature of the crime is not good, there are several records of punishment for the same kind of crime, repayment of the amount of damage to the victim up to the trial, or failure to agree with the victim, and other circumstances, such as the defendant's age, character and conduct, environment, circumstances of the crime, means and consequence, and circumstances after the crime, which are conditions for sentencing as shown in the records and arguments of this case, cannot be deemed to have been too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.