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(영문) 부산지방법원 2016.01.06 2015노2953
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. The court below's reasoning is without merit, in light of the following facts: (a) although the defendant recognized the crime of this case and is against the defendant, the defendant has the same record of punishment; (b) the amount of the damage of this case (the amount equivalent to KRW 225 million); (c) the degree of the crime of this case is heavy; (d) the degree of the crime is inferior in light of the content and method of deception; (e) the damage is not recovered; and (e) D was sentenced to imprisonment for one year as the case in this case; (b) the Busan District Court Decision 2015No465; and (c) June 12, 2015; (d) there is no change of circumstances that may be special consideration in the trial; (e) other facts concerning the crime of this case, including the background of the crime of this case, the age, occupation, sex, circumstances after the crime of this case; and (e) the risk of recidivism after the crime; and (e) the judgment below's punishment is reasonable.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below (Provided, That since it is apparent in the judgment of the court below that “1. Selection of punishment: Imprisonment with labor” was omitted by mistake in the applicable column of the law, it is corrected to add it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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