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(영문) 부산고등법원 2018.01.18 2017노634

특정경제범죄가중처벌등에관한법률위반(사기)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine the judgment, the circumstances favorable to the defendant, which were shown in the trial proceedings of the court below and the court below (the defendant, since the investigative agency, led to the confession of all the crimes of this case from the investigative agency to the trial of the party, and was in depth divided into his errors.

A statement is made, the amount of KRW 400 million out of the amount obtained by the defendant from the victim in the course of the crime of this case was repaid to the victim, additional KRW 16,540,00 after the victim's complaint was paid to the victim, and the defendant's health status was not good) and circumstances unfavorable to the defendant (the crime of this case committed by the defendant, along with the victim's office as stated in the judgment of the court below, is that the defendant received advance payment of wages from the damaged person at the construction site as stated in the facts of the crime of this case, and the defendant claimed false wages from the victim as stated in the judgment of the court below and received them from the victim to the account in the name of the defendant 10.359 times from August 1, 2015 to September 10, 2016, which became final and conclusive from 10.359 times in total until 20 years after the victim's complaint, and it still becomes final and conclusive between the defendant and the court of Busan High Court of 2013.4.5.5