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(영문) 부산지방법원 2015.05.14 2015노836
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is unreasonable in light of the circumstances favorable to the defendant, such as the confession of all of the crimes of this case and the fact that the defendant is divided into his mistake, the damage recovery in the future, and the fact that the defendant has no record of being subject to a suspended sentence or heavier punishment, etc. However, the crime of this case is not easy to obtain a sum of approximately KRW 50 million by deceiving the victim by taking advantage of the victim's financial power or background, etc. as an opportunity for the defendant to reach a favorable opportunity. The crime of this case is committed in this case without being aware of the fact that the defendant committed the crime of this case even though he had had had been punished several times for the same kind of crime before, and did not reach an agreement with the victim, the damage was not completely recovered, and the victim wanted to be punished by the defendant at this court, and other various circumstances such as the motive and circumstance of the crime of this case, circumstances after the crime, the defendant's age, personality and behavior, and the record and arguments of this case.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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