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(영문) 부산지방법원 2014.05.15 2014노986
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances favorable to the Defendant include the fact that the Defendant led to the confession of the instant crime, and appears to repent of his mistake, and that the Defendant’s economic situation is not good.

However, the crime of this case belongs to a person who has no intent or ability of the defendant to pay the price, and is provided with high-value share and security at the main point, and the quality of the crime is not good that is different from the general intangible type due to economic difficulties. There are many criminal convictions of the defendant. In particular, the defendant committed the crime of this case after being sentenced for four months of imprisonment with prison labor for the same kind of fraud and having completed the execution of the punishment of this case only four days, and the victim did not agree with the victim or has not recovered from damage until the trial. In full view of all other factors such as the defendant's age, character and conduct, motive for the crime of this case, and circumstances after the crime, etc., it is determined that the punishment of the court below is reasonable.

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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