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(영문) 부산지방법원 2016.05.26 2015노3702
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of a fine of two million won imposed by the original court on the summary of the grounds for appeal is too unreasonable.

2. The court below's attitude of recognizing and opposing the defendant's wrong, and it is acknowledged that equality should be taken into account in cases where the crime of this case and the crime of violation of the Punishment of Violences, etc. Act (joint injury) in the latter part of Article 37 of the Criminal Act, which are concurrent crimes, should be judged at the same time. However, the amount of damage to the crime of this case amounts to KRW 15 million and no damage recovery or agreement has yet to be reached until now, the defendant committed the crime of this case during the period of suspended execution, and the crime of this case is not good in light of the number of crimes of this case, the method of the crime of this case, and the degree of the intention to defraud, etc.

shall not be deemed to exist.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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