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(영문) 부산지방법원 2015.09.03 2015노2147
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. The judgment of the court below is that the defendant recognized all of the crimes of this case and there is no evidence that the defendant was punished for the same kind of crime, that the defendant had no record of punishment for the previous suspension of execution or more, that the defendant agreed with the victim B and the court below, that the defendant is disabled persons, etc., in light of the circumstances favorable to the defendant, or that the defendant's total damage amount of each crime of this case exceeds 85 million won, and that the victim B did not pay money as agreed at the court below at the time of the decision of the court below, and there is no evidence that the victim B want to punish the defendant after the decision of the court below, and there was no evidence that the defendant additionally repaid the remaining damage amount after the decision of the court below, and there was no agreement with the victim D, that the damage was not recovered at all, that the defendant had the record of punishment for the same kind of crime, and that there was any other reason that the defendant had the motive and circumstance of the crime of this case, the defendant's age after the crime, the defendant's age, character and environment, etc.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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