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(영문) 부산지방법원 2015.01.08 2014노4134
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won of fine) is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case and appears to repent of his mistake, that the defendant paid the victim KRW 10 million, and that the remaining amount of damage would be repaid in installments in 50,000 per month, and that the defendant did not have any record of punishment for the same kind of crime.

However, in full consideration of the circumstances favorable to the Defendant, the lower court appears to have sentenced to a more reduced sentence than KRW 5 million in the summary order (a fine of KRW 5 million), and there is no change of circumstance that differs from the lower court’s punishment, the amount of damage is not specified as KRW 19 million, in full view of the equity in sentencing with the same similar case, the Defendant’s age, character and conduct, motive for the instant crime, and circumstances after the instant crime, etc., 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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