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(영문) 부산지방법원 2014.02.07 2013노3388
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below which found the defendant guilty of fraud because there was no intention to obtain fraud in the judgment of the court below on the summary of the grounds of appeal, and there was an error of misunderstanding of facts, and the punishment of the court below (2 million won of fine) is too unreasonable.

2. In light of the fact that the Defendant made a confession of fraud in the original trial by the original trial court, there is no circumstance to suspect the voluntariness of the confession, there is no evidence to prove it, and there is no new circumstance to reverse it in the original trial, the Defendant’s allegation in this part is difficult to accept.

3. In light of the fact that there was no agreement with the victims on the assertion of unfair sentencing, the fact that the defendant was punished for the crime of interference with business several times, the defendant's occupation, age, and all other matters concerning the sentencing specified in the records and arguments of this case, it cannot be deemed that the sentence of the judgment of the court below is too unreasonable, and therefore, this part of the defendant's assertion is

4. Therefore, 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 groundless. It is so decided as per Disposition

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