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(영문) 부산지방법원 2018.03.30 2018노52

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

The defendant shall take money of KRW 34,00,000,000, which shall be acquired through deception by the applicant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years and eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination is a favorable condition that the Defendant recognized each of the instant crimes, and that the Defendant has no record of punishment other than a fine for a set of different types of punishment, etc.

However, in light of the details and methods of each of the crimes of this case, the number of crimes, and the amount of fraud, etc., the liability for the crime was not less complicated, most of the victims did not reach an agreement with the victims, and made a serious effort to recover from damage up to the trial.

It is difficult to see that the defendant is disadvantageous to the defendant.

In full view of these circumstances, the Defendant’s age, sex, health, environment, motive and background of the crime, the means and consequence of the crime, etc., as well as all the sentencing conditions as indicated in the instant case, including the records and changes, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee (one to seven years from imprisonment of two years to eight years), it cannot be said that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. As the appeal by the Defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and since the application for remedy order by the applicant for compensation is well-grounded, the compensation order is ordered in accordance with Articles 25(1), 31(1), and 31(2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and the above order for compensation is subject to provisional execution in accordance with Article 31(3) of the same Act (Article 25(1) of the Regulation on Criminal Procedure; “Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act and Article 31(2) of the same Act.”