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(영문) 부산지방법원 2014.04.10 2014노623
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant appears to have led to the confession and reflect of his crime, and that the Defendant’s health is not good.

However, in full view of the fact that the amount of damage is not specified as KRW 20 million, the agreement with the victim or the recovery of damage has not been reached up to the trial of the case, and that the defendant has the record of being sentenced to a summary order of KRW 1.5 million as a crime of fraud in 2010, and other factors that are conditions for sentencing, such as the defendant's age, character and conduct, motive for the crime of this case, and circumstances after the crime, the court below's punishment is deemed appropriate.

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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