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(영문) 부산고등법원 (창원) 2017.10.18 2017노251
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court acquitted the Defendant of the fraud on September 6, 2013 among the facts charged against the Defendant, and convicted the Defendant of the remainder of the facts charged.

The defendant filed an appeal against the guilty portion of the judgment of the court below, but since the prosecutor did not file an appeal and the above acquittal portion is separated, the scope of the judgment of the court shall be limited to the conviction portion of the judgment below.

2. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

3. The crime of this case was committed by the Defendant in collusion with E by deceiving the victim by deceiving the victim by using the situation in which the victim was unable to receive a loan from J, etc., and the nature of the crime and method of the crime was considerably poor. The Defendant had a record of having been subject to multiple criminal punishment on several occasions due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, breach of trust, fabrication of valuable securities, forgery of valuable securities, or deception of valuable securities. In particular, on September 7, 2012, the Defendant was sentenced to imprisonment of one year and two months with prison labor for violating the Illegal Check Control Act at the Busan District Court on September 7, 2012, and committed the crime of this case on October 22, 2012, even if the repeated crime was committed after the execution of the punishment was completed, it is disadvantageous to the Defendant.

On the other hand, the fact that the Defendant recognized the instant crime and led the Defendant to commit the instant crime, E led the Defendant to commit the instant crime, and the Defendant appears to have partially shared the commission of the instant crime, the Defendant agreed to pay the victim KRW 20 million to the victim and agreed to the victim smoothly with the victim, and the victim wanted to break down his wife against the Defendant is favorable to the Defendant.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, all the sentencing conditions shown in the arguments, such as the circumstances after the crime, and the sentencing guidelines for the Supreme Court sentencing committee.

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