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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2017.01.13 2016노4126
사기등
Text

The prosecutor's appeal is dismissed.

The defendant pays 70,000 won to the applicant AI.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (one year of imprisonment) is too unhued and unfair.

2. The judgment of the defendant was punished several times for the same fraud crimes and committed each of the instant fraud crimes under the same several laws without being aware of the fact that the defendant was under suspension of execution due to the same kind of crime. Such crimes are crimes which collapse the foundation of Internet-based credit transactions and undermine good faith in the massing of victims, and there is a need to strictly punish them; crimes committed against many unspecified victims over a long period of time are not good and the amount of damage is considerable, and the victims have not agreed with and have not been recovered from damage.

However, it is necessary to respect the judgment of the court below on the ground that there is no change in the conditions of sentencing compared to the court below because new sentencing data have not been submitted at the court of original instance. The defendant reflects the crime of this case in depth, the defendant was under treatment of military gambling in order to prevent repeating the crime of this case due to symptoms of military gambling, which led to each of the crimes of this case. The defendant was under treatment of gambling in the military register in order to prevent repeating the crime of this case. The wife as the case of this case leads to two children whose parents are the defendant's gambling, and taking full account of the details and result of the crime of this case, the circumstances after the crime of this case, the character and conduct of the defendant, the environment and age of the defendant, etc., and other various circumstances that form the conditions of sentencing as shown in the records and arguments of this case, the court below'

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. The application for compensation order filed by the AI applicant is reasonable and ordered to order payment of KRW 7,000 by deceitation to the defendant under Articles 25 (1) 1, 31 (1), 31 (2), and 31 (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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