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(영문) 부산지방법원 2013.12.31 2013노3075
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The judgment of the court below is against the defendant, and the defendant is faced with a situation that is economically difficult for a basic living recipient after divorce, and the Vietnam War has been affected by actual aftereffects of defoliants until now, and in the course of the investigation, agreement with the victim was reached. However, the court below sentenced a punishment of more than three million won than the prosecutor's old punishment (ten months in prison) by taking into account the above favorable circumstances as much as possible, and there is no change in circumstances that may be considered in sentencing from the court below to the trial. There are many records that the defendant has been punished for fraud similar to the crime of this case in the past, and there are many other records that the defendant has been punished for fraud similar to the crime of this case, and the defendant's argument that the sentencing of the court below is heavy is difficult to accept in full view of the motive and circumstance of the crime of this case,

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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