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(영문) 부산지방법원 2017.05.12 2016노4546
사기미수
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

Defendant

C.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, C, D, and E (Cheating of Facts and Sentencing) 1: Defendant A’s misunderstanding: The phrase “a guarantee check used at the time of importing crude oil in Jungdong” with respect to the Kuwait currency (hereinafter “the above money”) as indicated in the judgment of the court below, Defendant B issued the above money to Defendant C, and did not instruct exchange only with the two parts to find out whether it is actually usable.

B) Improper sentencing: even if the facts charged against the Defendant are recognized, the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2) Defendant CA’s misunderstanding of the facts: It is nothing more than that of Defendant D’s horse that the instant consolation money received from Defendant C was possible to be exchanged without knowing whether it was a consolation money. B) Sentencing: Even if the facts charged against the Defendant are recognized, the lower court’s punishment ( imprisonment for up to eight months) is too unreasonable.

3) Defendant D’s misunderstanding of the facts: The horses of Defendant E, which Defendant C shown in the instant case, could be exchanged without knowing whether it was a perjury, is merely that connects Defendant C and Defendant E to exchange after checking the authenticity of the money. (B) Sentencing is unfair: even if the facts charged against the Defendant are recognized, the lower court’s sentence (6 months of imprisonment) is too unreasonable.

4) Defendant E’s misunderstanding of fact: Defendant D’s misunderstanding of fact: It is possible for the victim to exchange without knowledge of the pulmonary Closure of this case, which was shown by Defendant D.

(B) Sentencing is too unreasonable even if the charge against the accused is recognized, the lower court’s sentence (6 months of imprisonment, 2 years of suspended execution, 160 hours of community service) is too unreasonable.

B. The prosecutor (misunderstanding the facts as to Defendant B) committed the crime of this case by delivering it to Defendant A and allowing it to be commercialized with the knowledge that the closure of this case was above the status.

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