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(영문) 부산지방법원 2015.07.10 2015노1500
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized all of the instant crimes and reflects the fact that the instant crime constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act.

However, even though the crime of this case was committed by the defendant by deceiving 150 million won from the victim, which is significant in the amount of the fraud, and the victim appears to have provided sufficient time and opportunity for the defendant to pay damages without filing a complaint, the defendant paid only KRW 5 million out of the amount of the above fraud, and did not take any specific measures to recover additional damages for about five years or more from the crime of this case, and the defendant's wife deposited additional KRW 4530,000 in the trial, but it is difficult to evaluate that the damage was recovered to a certain extent when considering the total amount of damage, it is difficult to expect that the damage would have been recovered in the near future. In addition, considering all the circumstances and result of the crime of this case, the situation and consequence of the crime of this case, the defendant's character and behavior, and age, etc., which are the conditions for sentencing as shown in the records and arguments of this case, it cannot be deemed that the punishment imposed by the court below is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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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