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(영문) 부산지방법원 2013.11.22 2013노3000
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for six months of imprisonment imposed by the defendant.

2. It is recognized that the circumstances, such as the fact that the Defendant recognized all of the instant crimes and against his mistake, that the Defendant made efforts to recover damage, such as transferring claims to the victim, that there was a family member to support the instant crime, and that the instant crime could have been tried together with the crime of fraud, which became final and conclusive on July 27, 2013.

However, the crime of this case was committed without being aware of the fact that the defendant was sentenced to a suspended sentence on June 24, 201 due to the fact that the sum of the amounts obtained by the defendant from the victim amounts to KRW 15,30,000,000,00,000,000, and the crime was committed by Busan District Court without being aware of the violation of the Punishment of Violences, etc. Act (joint conflict) from the Busan District Court on June 24, 2011. The court below already sentenced the defendant to a punishment for the crime of this case in consideration of the fact that the defendant was sentenced to a suspended sentence on February 19, 2013, and there was no evidence such as the fact that the defendant paid the remainder of the damage in addition to the victim after the sentence of the court below was issued, and there was no evidence such as the victim's age, environment, occupation, family relationship, the circumstances leading to the crime of this case, amount, and circumstances after the crime.

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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