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(영문) 부산지방법원 2017.09.14 2017노2356
사기등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The sentence imposed by the court below (one year and ten months) on the summary of the grounds for appeal is too unfased and unreasonable.

2. The Defendant, by abusing the trust of the victim C, D, and U, who is a female son who scambling with a vice-cambling, acquired money from 7 victims under the pretext of repeatedly acquiring money and selling game items through the Internet. The sum of the money obtained by the Defendant reaches approximately KRW 87 million.

In addition, the defendant stolen a monthly salary statement and driver's license in order to receive notification from the victim H and identify the victim's workplace address.

In particular, the Defendant: (a) took a variety of false statements, such as an entrepreneur’s external dong, attending the computer department of Korea University; and (b) had the victim C, D, and U who was a student or a senior citizen of the society, and forced the lending company to receive a loan from the lending company.

The above victims have suffered from a serious economic and mental suffering (the U is currently repaying the loan), but the defendant is not seriously endeavoring to recover the damage of the above victims.

In addition, the defendant has been punished for committing the crime of fraud 13 times, and in particular, on September 28, 2012, the defendant was sentenced to imprisonment with prison labor for six months and the decision on October 6 of the same year became final and conclusive on September 6 of the same year. In addition, some of the crimes of this case were committed during the period of probation.

In addition, considering the following factors, the sentence imposed by the court below is unreasonable as it is deemed unreasonable in light of the following factors: the defendant's age, sex, environment, etc. of this case and various conditions of sentencing as shown in the theory of changes.

3. According to the conclusion, the prosecutor's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

[Judgment to be used again]

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