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(영문) 부산지방법원 2019.06.13 2019노678
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (the fine of KRW 5,00,000) is too unreasonable in light of the summary of the grounds for appeal.

2. Comprehensively taking account of the arguments in this case and the reasons for sentencing indicated in the records, the lower court appears to have determined the punishment within the reasonable discretion by fully taking into account the amount of fraud, the degree of damage recovery, the concurrent crimes in the latter part of Article 37 of the Criminal Act, the Defendant’s health condition and financial status, and there is no special circumstance to change the sentencing of the lower court following the lower judgment

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

However, since it is apparent that the omission of the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Procedure Act has been made, it shall be corrected by adding it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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