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(영문) 부산지방법원 2015.11.19 2015노3062
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

The defendant is 200,000 won by fraud to AB who is an applicant for compensation.

Reasons

1. As to the gist of the reasons for appeal (one year and six months of imprisonment), the prosecutor asserts that the prosecutor is too unhued and unfair, and the defendant asserts that it is too unreasonable.

2. We examine the judgment and the defendant's arguments together.

In light of the circumstances favorable to the defendant, or the fact that the defendant led to the crime of this case, the victim is 56,00 won or more, and the amount of fraud is 33,00,000 won or more, in light of the contents, means and methods of the crime, such as the use of the passbook under the name of another person to receive the money by fraud, the crime was not committed, despite the fact that the defendant did not have any agreement with the victims, or did not recover damage, seven times of past records, and the defendant was committed again without being aware of during the suspended execution period, and the court below has already been sentenced in full consideration of the above circumstances, and there was no change in circumstances that would change the age, character, intelligence and environment of the defendant, relationship with the victims, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the court below should be deemed to be proper.

Therefore, the prosecutor and the defendant's argument of unreasonable sentencing is without merit.

3. The appeal by the chief public prosecutor and the defendant is without merit, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by accepting the application by the applicant for compensation in accordance with Articles 25(1) and 31 of the Act on Special Cases Concerning

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