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(영문) 의정부지방법원 2016.02.05 2015노2087
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (6 months of imprisonment) of the lower court’s sentence is too excessive and unfair (the Defendant explicitly withdraws his argument that misunderstanding the facts or misapprehension of the legal principles on the trial date at the first instance trial of the first instance court). 2. Reviewing the determination of unfair sentencing, the crime of fraud in the instant case committed by the Defendant is not less complicated in light of the method and means, etc., and the victim who agreed with the Defendant and voluntarily withdrawn the complaint wanted to be punished by the Defendant (the purport that, even though the agreement was to additionally pay KRW 18 million at the time of the preparation of the agreement, the agreement was terminated and the obligation to pay the above additional payment was not fulfilled, which eventually led to the conclusion that the agreement was made by the Defendant) and other circumstances unfavorable to the Defendant are recognized.

However, the defendant made a statement that he/she would not repeat the crime of this case while he/she made a confession of the crime of this case in the trial of the party and made a statement that he/she divided the mistake, and that he/she will not repeat the crime of this case. A total of 37 million won (i.e., interest (i., 20 million won as interest on July 17, 2015) equivalent to the amount obtained by the victim when he/she got in the trial of the party (i.e., 20 million won as interest) shall be paid on September 11, 2015, and the victim withdraws his/her complaint (where the victim withdraws his/her complaint and withdraws his/her wish to punish the defendant or expresses his/her wish to punish him/her, the previous withdrawal of complaint may not be withdrawn), there are some grounds to take into account the circumstances of the crime, and it appears that the defendant would be able to preserve his/her unpaid claim through subsequent execution after winning a final judgment in the lawsuit against the defendant's husband and wife.

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