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(영문) 부산지방법원 2017.02.06 2016노4291
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (six months of imprisonment with prison labor) is too unfasible, and the prosecutor is too unfasible and unfair.

2. The crime of this case was committed by deceiving the victims, by deceiving the victims, by deceiving them with a total amount of KRW 37 million, and by making payments in the amount of KRW 827 million through a credit card, even though there was no provision of goods or services, and thus making a loan out of funds by receiving payment from a credit card company, and in light of the amount of fraud or settlement money, etc., the crime was very serious, and in particular, the crime of "person who has tined on a credit card" as referred to in this case is an act that disturbs sound financial order and credibility of credit card transactions, and thus, it is disadvantageous to the defendant.

On the other hand, the following are the circumstances favorable to the defendant: (a) the defendant made a confession of all the crimes of this case and made a unilateral agreement with the victims of fraud; (b) the credit card payments paid in full; and (c) the relationship between the two concurrent crimes after Article 37 of the Criminal Act and the judgment becomes final and conclusive; and (d) the balance with the case where the judgment is to be rendered simultaneously.

In light of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance of the instant crime, and the circumstances after the instant crime, the lower court’s punishment is too heavy or is deemed unreasonable on the ground that the Defendant’s punishment is too heavy.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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