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(영문) 부산지방법원 2017.11.16 2017노2772
사기등
Text

The judgment of the court below is reversed.

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

A new bank bank card in the name of seized G (certificate.).

Reasons

Summary of Reasons for appeal

A. The sentence of the lower court against the Defendant (one year and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

Judgment

The defendant and the prosecutor's argument are also examined.

The crime of this case is committed by the Defendant, while serving as a liability for the remittance of the personnel of Boscaming, by deceiving the sum of KRW 18 million from the victim 4 and keeping another person's cash card for the purpose of using for the crime. It is recognized that the circumstances of the crime are disadvantageous to the Defendant, such as the fact that the criminal liability is heavy in light of the details of the crime, such as the background of the crime, the method, and the amount of fraud.

However, since the defendant led to the confession of the crime of this case, the victim J, C and the defendant do not want the punishment of the defendant, the victim AV did not withdraw the amount of damage and did not actually realize the damage. The victim AW returned the total amount of damage amount of KRW 3 million, and the defendant's family members wanted to take the first place against the defendant, etc. It seems that the social ties relationship of the defendant is relatively obvious. The defendant is the first offender without criminal punishment until now, and the defendant is the first offender without the defendant's age, sexual behavior, environment, etc., and all other circumstances giving the conditions for the sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., it is recognized that the punishment of the court below against the defendant is unfair because it is too unreasonable rather than unfair because it is too unreasonable.

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

Therefore, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows ( insofar as the defendant's appeal is with merit and is reversed, the prosecutor's appeal is separately filed.

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