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(영문) 부산지방법원 2020.04.28 2019노3243

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Determination of the summary of grounds for appeal (unfair punishment for eight months) shall be inappropriate;

2. The sentence sentenced by the court below is within the recommended range of punishment according to the attached sentencing guidelines (from June to June).

Although considering the defendant's reflectivity, the unpaid amount of deposit, and the circumstances of the crime such as partial revocation of complaint, the punishment was determined in consideration of the number of victims (16), the amount of fraud, the intention of punishment of many victims, etc.

However, the defendant agreed with some victims ( Q. AA) in the appellate trial.

During the appellate trial, children shall be raised by giving birth to them.

In addition, if we review the sentencing factors, the amount of the original sentence is somewhat inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;