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(영문) 부산지방법원 2015.02.12 2014노4525
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unreasonable.

2. The circumstances are the following: (a) the Defendant led to the confession of the instant crime and appears to repent of his mistake; (b) the Defendant prepared a notarial deed of debt repayment contract with the victim to pay KRW 27920,000,000 in 27 installments between the victim and the victim; and (c) the Defendant has no record of any particular criminal punishment in addition to the punishment of a fine for fraud in 193.

However, in full consideration of the circumstances favorable to the Defendant, the lower court appears to have sentenced to the punishment that has been reduced by more than 2 million won in the summary order (a fine of 2,00,000 won), and there is no change of circumstance that differs from that of the lower court in the trial, the total amount of damages is not specified as 18,20,000 won, taking into account the equity in sentencing with the same similar case, the Defendant’s age, character and conduct, motive for the instant crime, circumstances after the instant crime, etc., it does not seem that the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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