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(영문) 부산지방법원 2015.11.26 2015노3013
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is that the defendant made a confession of all of the crimes of this case when he made a confession of his mistake in depth, the defendant has no record of criminal punishment in addition to being sentenced to a fine once prior to another type of crime, and the defendant paid approximately KRW 30 million with the price for the crime of this case, etc. However, it is not easy for the defendant to agree with the victim, even though the damage amount caused by the crime of this case is not less than KRW 70,000,00,000 in favor of the defendant. However, the court below seems to have determined the punishment in consideration of the victim's recovery in part, the damage amount was not yet agreed, and there is no evidence such as the defendant paid the remaining damage amount additionally, and there is no other evidence such as the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, environment, etc., and the sentencing conditions specified in the records and arguments of this case.

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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