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(영문) 부산지방법원 2018.05.18 2017노4205

사기

Text

The part of the lower judgment against Defendant A, excluding the dismissed part of the application for compensation, shall be reversed.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair sentencing) explicitly withdrawn the remainder of the claims, excluding the unfair argument in sentencing, on the first trial date.

The sentence of the lower court (three years of imprisonment) is too unreasonable.

B. Defendant B (misunderstanding of facts, misunderstanding of sentencing, and improper sentencing) 1) In relation to the facts constituting the crime described in paragraph 8 of the judgment of the original court, Defendant B and AE had a fact on the job they gain in order to obtain a security from the victim E, but only participated in the job at the request of A and AE to purely assist, and there was no fact that Defendant A and E conspired to commit fraud against E in advance.

The criminal facts in this part are only the crimes committed in collusion with A and AE, not the defendant B's participation.

② With respect to facts constituting an offense described in paragraph (1), the Defendant requested an AI to lend KRW 5 million and borrowed KRW 9 million.

Since AI did not request it to lend money to the victim while specifying AJ, there is no fact that the defendant deceivings AJ to borrow money.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 120 hours) is too unreasonable.

(c)

The lower court’s sentence against Defendant A (unfair sentencing) is too unhued and unfair.

2. Determination

A. We also examine the defendant A’s and the prosecutor’s respective arguments about the sentencing.

The insurance sales allowance of this case, such as the fact that the total acquired amount due to each of the crimes of this case is 45 million won or more, the victims seek a severe punishment against the defendant because they did not agree with some of the victims, and abuse the payment structure of insurance products sales and sales allowances, and act of substitute payment of insurance premiums prohibited by the Insurance Business Act itself in the process of such act.