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(영문) 부산지방법원 2016.08.18 2016노1978
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of the instant crime and reflects the mistake, the actual amount of damage to the victim E is less than 4,700, which is less than the amount indicated in the criminal facts as indicated in the judgment, the agreement with the victim K is reached, and the Defendant has no criminal record of the same kind.

However, the method of committing the instant crime is not very good, and the amount of the fraud and the amount of the embezzlement is high, the victim E and V were not recovered from damage, and it was not yet agreed until now. The victim K was unable to repay the amount equivalent to KRW 20 million, and there is no change in circumstances that may be considered in sentencing in the trial, and other various sentencing conditions such as the defendant's age, sexual behavior, environment, means and method of the crime, and the circumstances after the crime are considered, it cannot be deemed unfair since the sentence imposed by the court below is too too too unreasonable.

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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