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(영문) 부산지방법원 2013.09.27 2013노2351

사기

Text

The judgment below

The remainder, other than the part of the application for compensation, is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The Defendant, even if the L/C was issued through the victim D, had the victim issue a L/C equivalent to US$ 115,00 without intent or ability to perform the obligation following the issuance of the L/C, and did not pay the amount, etc., and the Defendant agreed with the victim.

In light of the fact that there are no particular data that can be seen as making efforts to recover damage to the victim or the victim, it is necessary to strictly punish the defendant.

However, in light of the following circumstances: (a) the Defendant was found to have committed the instant crime when the Defendant was in the trial; (b) the Defendant was punished three times for the same type of crime; (c) the Defendant was punished only by a fine or a suspended execution, but there was no record of having been sentenced to the sentence; and (d) other various circumstances, such as the character, character, environment, age, motive and background of the offense, means and consequence of the offense; and (c) the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;