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(영문) 부산지방법원 2015.09.17 2015노1705
사기
Text

The defendant's appeal is dismissed.

The order for compensation by the court below shall be revoked.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is reasonable in light of the following factors: (a) the defendant led to the confession of the crime of this case; (b) the victim was around 220 persons; (c) the defrauded was 60 million won; and (d) the defrauded was also 60 million won and the damage amount was fully recovered; (b) the defendant was 4 times the previous defendant was able to commit the crime; (c) the court below already determined the punishment by fully taking into account the above circumstances; (d) there was no change of circumstances that could vary between the court below and the punishment; and (e) there was no other change of circumstances that could change the defendant's age, character and behavior, intelligence and environment; (e) the motive, means and consequence of the crime of this case; and (e) the circumstances after the crime of this case.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The Defendant’s appeal is without merit and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, since the existence of the Defendant’s liability for compensation is unclear by receiving a remittance of the amount equivalent to the amount of compensation from the Defendant after the judgment of the court below was rendered, the applicant shall be dismissed pursuant to Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc.

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