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(영문) 부산지방법원 2016.11.11 2016노1631
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant made a confession of all the instant crimes and reflects his mistake in depth, and that the victim does not want punishment after cancelling the complaint against the Defendant.

However, the crime of this case is deemed to have been committed by the Defendant by deceiving the victim two times, and 4.10,00 won in total is considerably poor in light of the method and contents of the crime, the Defendant committed the crime of this case even though he had the record of criminal punishment four times of punishment and 10,000 won of fine for the same and similar crimes, and there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below was rendered, and other various conditions of sentencing as shown in the argument of this case, including equity in sentencing with the same and similar cases, the age and character of the Defendant, character and behavior, environment, motive and circumstance of the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is not accepted.

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

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