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(영문) 부산지방법원 2015.12.10 2015노3661
사기
Text

The defendant's appeal is dismissed.

The defendant pays 150,000 won to R who is an applicant for compensation.

Reasons

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

2. The judgment of the court below is reasonable in light of the circumstances favorable to the defendant, but the defendant does not reflect the criminal punishment or juvenile protective disposition despite the fact that he/she committed a fraudulent crime under the same law and did not reflect the fact that he/she again committed the crime of this case. The victim due to the crime of this case reaches 57 persons, and the amount of fraud exceeds 5 million won, and the amount of damage is at least 5 million won, despite the fact that the crime of this case was committed, the victim did not reach the judgment, or did not recover the damage, the court below has already determined the punishment by fully taking into account the above circumstances, and there was no change of circumstances that may differ from the judgment of the court below at the time of the trial, and there is no other change of circumstances that may change the punishment with the court below, and considering all other factors that are the conditions of sentencing, such as the defendant's age, character, intelligence and environment, relationship with victims, motive, means, results

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by accepting the application of the applicant for compensation under Articles 25 (1) and 31 of the Act on Special Cases Concerning Promotion, etc. of

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