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(영문) 부산지방법원 2014.12.11 2014노3667
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal argues that the court below sentenced fines of KRW 10 million to the crimes of KRW 4,00,000 as stated in the judgment of the defendant, and fines of KRW 5 million to the crimes of KRW 10,000 as stated in the judgment of the court below. The prosecutor asserts that the court below's each punishment is too uneasible and unfair, and the defendant asserts that each punishment of

2. We examine both the judgment and the Defendant’s assertion of unreasonable sentencing in a lump sum.

In light of the fact that each of the crimes of this case is a crime committed by the defendant during the suspension period of the execution of the same kind of crime, and that the fraud is highly likely to be a bad crime and the risk of recidivism is likely to be seriously given to the defendant.

However, in the case of each of the crimes of Articles 1 through 3 in the decision of the court below, it is necessary to consider the equity in the case where the defendant was judged at the same time as the first head confirmation prior to the decision of the court below, the defendant's wife and two children are the most supported by the defendant, the defendant's repayment of not less than 75 million won to the victim, and the decision of the court below was reached smoothly with the victim, and there is no change in circumstances that may be considered in the sentencing differently after the decision of the court below was made, and there are two other circumstances that are conditions in the sentencing of this case, such as the motive and circumstance of the crime of this case, the defendant's age, character and behavior,

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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