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(영문) 부산지방법원 2016.10.13 2016노2468
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant is making a confession of the instant crime, and the fact that the gains acquired by the Defendant from the instant crime appears to be the small amount if it is obtained by defraudation in an amount equivalent to KRW 1.2 million.

However, in light of the fact that the Defendant has been punished twice by a fine, that the Defendant did not agree with the victim, that the victim wants to be punished, that there was no change in circumstances that may be considered as the grounds for sentencing in the trial in the trial, and other various circumstances that are conditions for sentencing specified in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, family relationship, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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