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(영문) 부산지방법원 2019.09.06 2019노1967

사기등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by imprisonment for a year and four months.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment for each of the Defendants) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. The lower court determined Defendant A’s punishment as above by taking into account the favorable and unfavorable circumstances to Defendant A, taking into account the circumstances favorable to Defendant A.

In full view of all the circumstances that serve as the condition for sentencing in this Court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there are no special changes in circumstances that may change the sentence of the court below.

In addition, comprehensively taking account of the factors revealed in the proceedings of the instant case, such as Defendant A’s age, environment, background and consequence of the crime, and the circumstances after the crime, the sentencing of the lower court is not deemed to have exceeded the reasonable scope of discretion because it is too weak or unreasonable.

Defendant

The argument of unfair sentencing by A and prosecutor is without merit.

B. Defendant B’s crime of this case is that Defendant B conspired with the employees of Bohishing and deceptioned the victim by deceiving the victim in order, and the criminal liability is heavy in light of the background, method, and scale of damage, etc. of the crime.

The crime of Bosing fraud is organized, planned, and intelligent, so it is difficult to regulate the crime, and the social and economic harm caused by this is very serious.

However, Defendant B recognized all of the instant crimes, and deposited KRW 5 million for the victim in the appellate trial.

Defendant

B There is no history of punishment exceeding a fine, and there is no benefit from the crime of this case.

In addition, in full view of all the sentencing conditions shown in the pleadings of the instant case, including Defendant B’s age, environment, family relationship, motive for the crime, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentencing against Defendant B is unreasonable.