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(영문) 부산지방법원 2016.12.01 2016노3293

사기

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, this judgment is delivered against Defendant B.

Reasons

1. The summary of the grounds for appeal (the defendant A: imprisonment of 8 months and the defendant B: imprisonment of 6 months) of the lower court is too unreasonable; and

2. Determination

A. The fact that the amount of damage caused by the Defendant A’s instant crime is higher than KRW 91 million, that is not completely recovered from the damage, and that the Defendant has been punished four times due to the same type of crime, etc. are disadvantageous to the Defendant.

However, in full view of the various circumstances, including the Defendant’s age, character and conduct, motive and background of the instant crime, circumstances after the instant crime, etc., and the sentencing conditions specified in the records and pleadings, it is determined that the sentence imposed by the lower court is somewhat unreasonable, considering the following: (a) the Defendant’s confession of the instant crime is against the mistake; (b) the Defendant appears to be a criminal act by negligence; (c) the Defendant paid additional KRW 4 million at the lower court to recover damage; and (d) the Defendant paid additional KRW 9 million at the trial; and (e) the relationship between the crime for which judgment has become final and conclusive and the concurrent crime under the latter part of Article 37 of the Criminal Act.

B. The fact that the amount of damage caused by Defendant B’s instant crime is higher than KRW 91 million, and that the damage has not yet been completely recovered is the circumstances unfavorable to the Defendant.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime while committing the instant crime; (b) the Defendant appears to have been subject to any criminal punishment; (c) the Defendant was the first offender who has no record of criminal punishment; (d) the degree of the commission of the instant crime is relatively minor; and (e) deposited KRW 20 million for the victim in the trial; and (e) other various circumstances, including the Defendant’s age, character and conduct; (b) the motive and background of the instant crime; and (c) the circumstances after the instant crime, etc., and the sentencing conditions specified in the records and pleadings, it is deemed that the

3. Conclusion.