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(영문) 부산지방법원 2013.11.14 2013노3086
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The circumstances leading to the instant crime are as follows: (a) from the time when the Defendant got out of the family environment to grow up, the Defendant, alone, has been living together with his marriage failure, and has been living economically difficult while working as a strikeer or a restaurant employee, etc.; (b) in 2005, a large amount of damage has occurred by investing in multiple stages; and (c) the Defendant’s health conditions are not good due to urology and chronic virus infection, etc.

However, even though the defendant was sentenced to a fine for the same kind of fraud in around 2006, when he committed the crime of defraudation against neighboring residents, the total amount of damage was almost KRW 60 million after partial payment of interest to the victims, and the victims did not have any damage up to the trial, as well as the victims did not have any damage. Nevertheless, the court below sentenced the defendant to a punishment less than the former punishment (one year of imprisonment) of the public prosecutor of the court below by taking into account the above favorable circumstances, and there are no special changes in circumstances that may be considered in sentencing after the sentence of the court below, and there are other various circumstances that are conditions for sentencing in this case, such as the defendant's age, character and conduct, environment, etc., the punishment imposed by the court below is too heavy.

3. In conclusion, 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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