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(영문) 부산지방법원 2014.01.24 2013노3197
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable to impose a fine of 500,000 won imposed by the court below on the defendant.

2. Recognizing the following circumstances: (a) the Defendant recognized the instant crime and against his mistake; (b) the Defendant’s benefit is relatively large; and (c) the instant crime could have been tried together with the crime of fraud, etc. for which judgment became final and conclusive.

However, even if the Defendant had had been punished several times prior to the instant crime, he/she again committed the instant crime, and the lower court, taking into account the following circumstances favorable to the Defendant, imposed a fine of KRW 500,000,00, which has already been mitigated compared to the summary order, taking into account the Defendant’s age, environment, family relationship, occupation, circumstances surrounding the instant crime, and circumstances after the instant crime, etc., the sentence of the lower court is unreasonable.

Defendant’s assertion is without merit.

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

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