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(영문) 창원지방법원 2016.04.28 2015노2609

사기

Text

Of the judgment of the court below of first instance, the part against Defendant A and the part concerning the crime Nos. 1 through 5 of the judgment of the court below of second instance.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant A(2 years of imprisonment) and the punishment of the decision of the second adjudication (6 months of imprisonment: 4 months of imprisonment; 6 months of imprisonment with prison labor; 2 months of imprisonment) are too unreasonable.

B. The punishment of the first instance judgment against the Defendants by the prosecutor (the above punishment against Defendant A, and with respect to Defendant J, two years of suspended sentence in one year and six months of imprisonment) is too uneased and unreasonable.

2. We examine the judgment of the defendant J, and the fact that the defendant committed a repeated crime against about 140 victims, and that the total amount of defraudation reaches about KRW 210 million is an unfavorable sentencing ground, and that the defendant led to the crime of this case, the fact that the defendant does not seem to have led the crime of this case, the fact that he made efforts to recover damage, and that the victim made agreements with 10,000 victims, and that the first offender is a favorable sentencing ground.

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

3. Prior to the judgment on the grounds for appeal against Defendant A, Defendant A filed an appeal against the judgment below Nos. 1 and 2, and the prosecutor filed an appeal against the judgment of the court below against the judgment of the court of first instance. The court decided to hold the above appeal cases together with the above appeal cases.

The crimes in the judgment of the court of first instance and the crimes in the first to the second to the second to the second to the judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence shall be imposed pursuant to Article 38(1) of the Criminal Act. As such, the above part of the judgment of the court below cannot be maintained any more (Provided, That for the crimes in the second to the second to the above crimes, which are not concurrent crimes under the former part of Article 37 of the Criminal Act, the following sentencing amounts to attention.