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(영문) 부산지방법원 2017.03.24 2016노4349
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable as the sentence (2 million won penalty) imposed on the defendant is too unreasonable.

2. Although there are favorable circumstances for the defendant, such as the fact that the defendant recognized all of the crimes and reflects the fact that the defendant is committing the crimes, the equity in the case where the first head of the crime in the judgment of the court below, which is in the latter part of Article 37 of the Criminal Act, should be considered at the same time as the crime of fraud, which is the first head of the crime in the latter part of the judgment of the court below, there are a number of criminal records including the punishment, a number of criminal records, and no effort is made to pay damages even after a considerable period has elapsed since the crime occurred, there is no change in the sentencing conditions that may be particularly taken into account in the appellate court, and all other circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime

Therefore, we do not accept the above argument of the defendant's above sentencing.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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