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(영문) 부산지방법원 2014.10.16 2014노2792
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal by the defendant is too unreasonable;

2. The following are the circumstances favorable to the Defendant: (a) the Defendant, who led to the confession of the instant crime, and appears to repent of his mistake; (b) the Defendant’s health is not good; and (c) the equity between the case where the judgment was rendered on May 10, 2013 at the time of the original judgment and the case where the judgment was rendered simultaneously with the crime of fraud, etc.

However, the court below seems to have determined punishment by fully taking into account the circumstances favorable to the defendant, and there is no change in circumstances that would be different from the court below's punishment for the first time in the trial, and the fraud crime of this case is committed by the defendant by taking advantage of the friendly relationship with the victim who is the father of the father who is the father of the father of the father, and the quality of the crime is not good, even though the amount of damage is high, the agreement with the victim or the recovery of damage has not been made until the judgment was rendered. In full view of all other factors such as the defendant's age, character and behavior, motive for the crime of this case, and circumstances after the crime, etc., it is determined that the

Therefore, the defendant's assertion is without merit.

3. 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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