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(영문) 부산지방법원 2016.02.04 2015노4240
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant led to the confession of the instant crime; (b) the amount of defraudation of the victim E is about KRW 100,00,000; and (c) the Defendant agreed with the victim E when the victim was in mind.

However, even though the defendant used at least KRW 19 million with the credit card of the victim B for about one month, he was unable to recover particular damage except for returning KRW 2,00,000,000 at a similar time, and the defendant did not reach an agreement with the victim B until now, due to economic difficulties, and the defendant alleged that the crime of this case was committed. However, among the credit card details used by the defendant, when considering the fact that, among the credit card details used by the defendant, the payment of high-class restaurants, department stores, other ages, and conferences is often made, and it does not appear as a living-type crime, the defendant's receipt of a letter from the victim E does not constitute a crime that is different from the judgment of the court below.

In addition, considering the defendant's age, sex, intelligence and environment, relationship with victims, motive, means and consequence of the crime of this case, and circumstances after the crime, the court below's punishment is deemed appropriate.

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

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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