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(영문) 부산지방법원 2016.06.24 2016노367

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (3 million won in penalty) is too unreasonable.

2. It is recognized that the judgment of the Defendant is based on the following circumstances: (a) the Defendant was in profoundly against the instant crime; and (b) some of the amount obtained by defraudation was lent to E; and (c) the Defendant was unable to return

However, it is necessary to respect the judgment of the court below on the ground that there is no change in the conditions of sentencing compared with the original judgment because new sentencing data have not been submitted at the trial of the party. In full view of the following: (a) the repeated crime of this case was committed even though there was a history of punishment several times for the same kind of crime; (b) the amount of damage was not specified as KRW 20 million; (c) the injured party was repaid or did not agree with the injured party; and (d) the circumstances and result of the crime of this case, including the circumstances after the crime, character and behavior, environment, age, etc. of the accused, the sentencing of the court below is too unreasonable.

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