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(영문) 부산지방법원 2014.04.24 2013노3920

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 500,00,000 is too unreasonable.

2. The circumstances that are favorable to the Defendant are the following: (a) the Defendant made a confession of all of the instant crimes; (b) the Defendant appears to repent of his mistake in depth; (c) the Defendant’s old and economic situation is not good; and (d) the amount of damage is relatively small as KRW 30,000

However, the court below determined a punishment by fully considering the circumstances favorable to the defendant, and there is no change in circumstances that would be different from the court below's punishment for the first time in the trial, and the defendant has been punished for one year and six months by imprisonment for the larceny in 2005, and considering other factors, such as the defendant's age, character and conduct, motive for the crime of this case, and circumstances after the crime, the court below's punishment is deemed appropriate.

Therefore, the defendant's assertion is without merit.

3. 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.