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(영문) 부산지방법원 2014.12.18 2014노3981
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

With regard to the sentencing of the court below (one year of imprisonment), the defendant asserts that the sentencing of the court below is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

Judgment

In light of the circumstances that are favorable to the defendant, such as the fact that the defendant made a confession of all of the crimes of this case and the crime of this case was committed simultaneously with the crime of fraud as stated in the first head of the crime in the judgment below, and the fact that the defendant could have been punished concurrently in the latter part of Article 37 of the Criminal Act, and that the defendant paid 15 million won out of the amount of damage to the victim when the defendant was in the judgment of the court below, and that the amount of damage of this case was not at least KRW 120 million, but most of the amount of damage was not repaid, and other circumstances that are disadvantageous to the defendant, such as equity in sentencing with the crime of this case, motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, etc., and other various circumstances that are the conditions of sentencing as shown in the records and arguments of this case, it cannot be deemed unfair

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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