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(영문) 부산지방법원 2015.10.15 2015노2455
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is reasonable in light of the following factors: (a) the defendant led to the confession of the crime of this case; (b) the defendant did not make any repayment in the name of 79,00,000 won; (c) the defendant did not reach an agreement with the victim; (d) the defendant was punished for fraud by acquiring money from K who was satisfying with the defendant at the time of the crime of this case; (b) the court below already determined the punishment by fully taking into account the above circumstances; (c) there was no change of circumstances that could vary between the court below and the punishment; and (d) there was no other change of circumstances that could change the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime of this case, and circumstances after the crime of this case.

Therefore, the defendant's assertion of unfair sentencing 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.

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