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(영문) 부산지방법원 2018.04.27 2018노760
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment defendant has the record of being punished as a same crime, that the amount of fraud reaches 7,6930,000 won in total, and that the damage was not completely restored and that it was not agreed with the victim.

However, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, etc., the sentence imposed by the lower court is too unreasonable, considering all of the sentencing conditions shown in the instant pleadings, such as the fact that the Defendant made a confession of all of the crimes, and there was no history of punishment heavier than the fine, and that there was no history of punishment heavier than the fine, and that the victim repaid 21.5 million won to the victim.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: “84,850,000 won” in the column of 10 criminal history of the lower judgment is as follows: “G” in the column of 2 in the table of crimes attached hereto; “G” in the column of 22 in the table of crimes; “8,800,000” in the column of 22 in the same table is as “80,000”; “10,000” in the column of 26 in the column of 26 in the same table; and “10,50,000” in the column of 37 in the same table as “20,000,000” in the column of 30,000 in the same column of the same Table as “30,000,000,0000 won” in the column of 37 in the same column as “10,000,000,000 column of the Criminal Procedure.”

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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