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(영문) 창원지방법원 2014.07.10 2014노852
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (six months of imprisonment).

2. It is recognized that the judgment of the defendant recognizes all his mistake and reflects it, that part of the amount obtained by defraudation or embezzlement has been recovered partially by the victim, and that the defendant has no record of being punished for the same kind of crime.

However, this case is, however, embezzled by deceiving the victim while engaging in the business in partnership with the victim, acquiring pecuniary benefits of KRW 30 million, and using KRW 30 million, which is part of the proceeds kept in partnership with the defendant's personal debt repayment, etc., and the case is not less complicated, the damage is not completely recovered, there is no change in circumstances or circumstances that can be newly considered in sentencing after the decision of the court below, and there is no change in the criminal punishment for other crimes similar to each of the crimes of this case, and the balance between the criminal punishment and the circumstances of the defendant's age, character, occupation, occupation and environment, family relationship, each of the crimes of this case, as well as the circumstances after the crime, etc., which are the conditions for sentencing as shown in the records and arguments, the sentence of the court below is too unreasonable. Thus, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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