2013No3788 Fraudulent

A

Defendant

Kim Dong-jin (prosecution) and the highest seat (public trial)

Attorney B

Busan District Court Decision 2013Ra4101 Decided November 13, 2013

May 23, 2014

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The punishment of six-month imprisonment sentenced by the court below against the defendant is too unreasonable.

2. Determination

It is recognized that the circumstances, such as the fact that the Defendant recognized the instant crime and reflects his mistake, that G, who introduced the victim to the Defendant, appears to have been partly damaged, such as remitting approximately nine million won to the Defendant as the repayment of the victim’s debt, and that there was no record of punishment for the same kind of crime before.

However, these circumstances appear to have been considered in the court below's entirety, and the defendant deposited 3 million won for the recovery of damage but still not recovered damage, and the defendant issued a written request for release of his fishery products to the victim around March 16, 2012 (the investigation record 9,10 pages). Nevertheless, the above written request for release of fishery products (the investigation record 9,10 pages) was issued to the victim around March 16, 2012. Nevertheless, the above written request for release of fishery products was arbitrarily disposed of to the victim after the victim's death, and the crime was not good, such as continuing to trade with the victim without notifying the victim thereof. Further, even if his fishery products were not stored in the freezing warehouse around May 3, 2012, it was difficult to find that the circumstances after the crime were committed, such as preparing and issuing a false written request for release of fishery products (the investigation record 11 pages) on the premise that the defendant was suffering from the crime of this case, and the sentencing of the court below is unreasonable.

Therefore, the defendant's above assertion is without merit.

3. Conclusion

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

Judges in the form of a judge

Judges Cho Jong-soo

Judges Jin-Constition