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(영문) 부산지방법원 2016.08.25 2016노969
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The defendant does not pay the above fine.

Reasons

1. The sentence imposed in the original instance on the summary of the grounds for appeal (the suspended sentence of KRW 1.5 million) is deemed to be too unfortunate and unfair.

2. That the defendant, by deception, paid training fees to the victim;

It is clear that the Defendant committed the instant crime in order to recover the right to the remaining training fees, such as the fact that the Defendant committed the instant crime, that there is no particular criminal history, that the check amount which received a judgment of nullification is KRW 3 million, and that the Defendant paid KRW 500,000 to the victim at the trial according to the decision of the settlement recommendation made in a civil suit with the victim, and that the Defendant paid KRW 500,000 to the victim as training fees, etc.

However, the crime of this case is committed by deceiving the court in order to obtain financial gains, and it cannot be less than that of the law of crime, and if neglecting this, it may lead to disturbing the distribution order of one’s check, and the defendant unilaterally committed the crime of this case under dispute over the cancellation of a contract for the training of techniques between the defendant and the victim, etc. shall also be taken into account in sentencing against the defendant.

Considering the above circumstances and the overall circumstances such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, the punishment sentenced by the court below is too weak.

3. In conclusion, the prosecutor'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 it is decided as follows after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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