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(영문) 부산지방법원 2017.07.13 2017노1181
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. The sentence of the lower court (one year and two months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case, based on the judgment, is deemed to have committed the crime of this case by deceiving the victims and deceiving the victims of KRW 328 million under the pretext of the loan, and the criminal liability is grave in light of the content of the crime and the amount of the defraudation, and the fact that the defendant was unable to agree with the victim F, and is disadvantageous to the defendant.

However, the defendant led to the confession of the crime of this case, and the defendant did not want the punishment of the defendant. In particular, M drafted an agreement and a written application with the mind that he would pay money by releasing the defendant from the court of the trial and doing so.

The court below's punishment against the defendant is too unreasonable, considering the fact that the defendant intentionally committed the crime of this case while operating the gas station and bathing facility of this case, the fact that the defendant seems to have committed the crime of this case with the crime of which judgment has become final and conclusive, the balance with the case that the defendant was tried together with the crime of which judgment has become final and conclusive, the defendant's mother's mother's mother's health is not good and the defendant's age, sexual behavior, environment, etc. is not good, and all other circumstances that serve as the condition for sentencing specified in the argument of this case.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) the summary of each statement made to J, M, and F on January 1, 201; and (b) the police statement made to J, M, and F on the basis of each corresponding column of the lower court’s judgment; and (c) the summary of the facts charged and the evidence admitted by this court is cited in accordance with Article 369 of the Criminal Procedure Act.

The application of legislation;

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