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(영문) 부산고등법원 2015.11.04 2015노317
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the sentence of the court below against the defendant (the imprisonment of three years and the fine of 50,000,000 won) is too unreasonable.

Therefore, considering the following facts: (a) the Defendant made confession of each of the crimes of this case while committing each of the crimes of this case; (b) the victim did not want the punishment against the Defendant; (c) the Defendant did not want to do so; (d) the profits acquired from D through each of the above crimes are relatively large compared to other accomplices; (d) police officers who actively cooperate with investigative agencies at the time of the Defendant want to take the Defendant’s preference in the original judgment and the trial; and (e) the Defendant did not have the same criminal power as the check, and (e) the Defendant did not have the same criminal power as the two-year sentence sentenced in the holding of the lower judgment, each of the crimes of this case is more favorable to the Defendant; and (e) considering the fact that the Defendant committed the crime of this case, under the direction of D, committed the crime of this case with multiple accomplices, and committed the crime of this case with the victim’s 10,000,000,000,000 won by using cashier’s checks, and that the Defendant did not have been sentenced to the Defendant’s money and its discretionary power to return the Defendant’s.

Thus, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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