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(영문) 부산지방법원 2016.10.06 2016노2800
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The punishment of one year and two months of imprisonment sentenced by the original court in the summary of the grounds for appeal is too unreasonable.

2. Although it is clear that the amount of deceitation of this case caused considerable damage to the crime of this case by the crime of this case, such as up to KRW 100 million, the defendant shows an attitude to recognize and reflect the crime in the trial, the defendant does not seem to have acquired the victim's money in a planned manner by using deception methods such as actively notifying false facts, and the defendant voluntarily returned the amount equivalent to KRW 40 million to the victim before the commencement of the investigation into the crime of this case, before the commencement of the investigation into the crime of this case, the defendant voluntarily returned to the victim before the commencement of the investigation into the crime of this case, and the victim does not want the punishment, the defendant has no record of criminal punishment, and the defendant has already been detained for four months, and other circumstances such as the defendant's age, character, character, environment, motive and circumstance, and circumstances after the crime of this case are considered to be too excessive.

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following decision is rendered 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 crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

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