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(영문) 부산지방법원 2018.06.07 2018노617

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment with prison labor and four years of imprisonment with prison labor for the remaining crimes from among the crimes listed in the list of crimes in attached Form 1) by the lower court is too unreasonable.

2. Of the crimes listed in the daily table of each of the instant separate crimes in the instant separate crimes, with regard to the crimes before August 17, 2016 (total sum of the amounts damaged by frauds, KRW 951,60,000), the equality between the crimes in violation of the Road Traffic Act (unlicensed driving) for which a judgment has become final and conclusive and the cases of single concurrent crimes after Article 37 of the Criminal Act shall be taken into account. The Defendant agreed with the victim AB at the lower court, and the Defendant agreed to the additional agreement with the victim AG at the trial, and the Defendant has no record of punishment for fraud or narcotics so far.

However, the sum of the money that the defendant acquired by committing the crime of this case is 50,140,000 won in the name of 1,448,49,400 won, which is paid to the victims as the cause of the return of interest or principal, and most victims want to be punished for the defendant.

In addition, considering the overall and overall circumstances of sentencing, the punishment imposed by the court below on each of the crimes in this part is done within the reasonable scope of discretion and is not hot.

3. According to the conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That pursuant to Article 25(1) of the Criminal Procedure Act, ex officio pursuant to Article 25(1) of the Criminal Procedure Act, the lower court’s judgment regarding the damaged amount of KRW 10 million on August 19, 2016 among the [Attachment 6] No. 6] No. 2017 order No. 2017 order No. 145555 of the Criminal Procedure Act, “6-1” and “the date and time of the crime” column for “the amount of money invested” shall be paid a revenue of KRW 7% per month and the principal shall be guaranteed.

In addition to "False Ma," the amount of damage No. 13 is KRW 60 million, the amount of KRW 15 million, the amount of KRW 19,000,000 each time;