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(영문) 부산지방법원 2017.05.19 2017노1002
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing for each sentencing) of the lower court’s punishment (six months of imprisonment) is too heavy or (one of the defendants).

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The defendant has several criminal records of the same kind, and the amount of damage of this case is less than the amount of damage of this case.

There are circumstances unfavorable to the defendant, such as the fact that there is no damage and there is no recovery, and the defendant's alteration of a copy of a promissory note that the defendant is urged to pay from the injured party and the situation after the crime is not good.

On the other hand, the Defendant’s previous convictions committed in the course of preparing operating expenses for children suffering from kidne’s disease. The instant crime appears to have been linked to the structural problems of ice and ice wholesale industry, and the Defendant’s alteration of the promissory note is not directly used for fraud. It also needs to be considered in light of the circumstances such as: (a) the Defendant’s alteration of the promissory note is not directly used for fraud.

In addition, considering various sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too heavy or unreasonable.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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