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(영문) 부산지방법원 2016.10.06 2016노1670
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of a fine of two million won imposed by the original court on the summary of the grounds for appeal is too unreasonable.

2. The circumstances are acknowledged, such as the fact that the amount of fraud of this case is 8.5 million won, the defendant recognized a mistake and took an attitude against the defendant, the fact that the defendant repaid 5.5 million won to the victim on October 31, 2015, and the defendant has no record of being punished for the same kind of crime, considering the above circumstances, the court below seems to have sentenced to the reduction of fine of 4 million won under the summary order in consideration of the above circumstances, the defendant deceivings the purpose of the loan, the defendant did not borrow the loan more than one year and 7 months from the borrowing date, and even if so, he did not repay only a part of the loan, and considering other circumstances such as the defendant's age, character and conduct, environment, criminal records, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment sentenced by the court below is within the scope of the reasonable discretion for sentencing.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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