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(영문) 부산지방법원 2016.12.16 2016노2088

사기등

Text

The judgment of the court below is reversed.

As to each of the crimes listed in subparagraphs 1 through 4 of the decision of the court below, the court below shall be punished by imprisonment for eight months.

Reasons

1. The lower court, within the scope of trial, dismissed the prosecution against the Defendant as to the violation of the Labor Standards Act, the Act on Special Cases concerning the Settlement of Traffic Accidents, and the violation of the Road Traffic Act, and convicted the Defendant of the remainder.

However, among the judgment of the court below, the part of the judgment of the court below that the defendant appealed only to the conviction, and the part of the dismissal of prosecution did not appeal all the defendant and the prosecutor, so only the part of the judgment of the court below that the dismissal of prosecution is separate

2. The summary of the grounds for appeal (each of the crimes of Articles 1 through 4 in the original judgment: Imprisonment with prison labor for one year, and each crime of Articles 5 and 6 in the original judgment: Imprisonment with prison labor for two years) is too unreasonable.

3. The judgment of the defendant has a record of being punished several times, including the suspended sentence due to fraud, and the fact that the defendant was in office for the suspended sentence due to fraud, despite being in office for the victim D, J, and R, the total amount of damage in fraud reaches 290 million won, and the victim has a significant portion of the case in light of the fact that there are many victims, and even though it did not agree with the victims, most of the damage amount has not been repaid.

However, the defendant recognized the crime of this case and tried to manufacture the ESD lighting by establishing a factory as a patentee of the ESD electric district, and the defendant did not proceed as planned. However, although it did not pay damages to the victim D, business consulting, signboards, organization of non-building walls, installation of PE light lighting, supply of ESD products equivalent to KRW 15 million, etc. Since 2013, the defendant's H's benefit claim was seized, and the repayment plan was decided to authorize the repayment plan in the individual rehabilitation procedure of H, and the defendant will pay a certain amount every month to the victim S for five years.