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(영문) 부산지방법원 2015.04.10 2014노4245
사기등
Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for three months for each crime listed in the judgment of the court of first and third.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (4 months of imprisonment with prison labor for each of the crimes listed in the Judgment of the court below and 2 months of imprisonment with prison labor for each of the crimes listed in the Judgment of the court below) declared by the court below against the defendant is too unreasonable.

2. Considering the fact that the amount of damage caused by the Defendant’s each of the instant fraud crimes is reasonable, the majority of victims are victims, and only some victims have been agreed upon or recovered from damage up to now, the Defendant has been punished several times due to fraud, occupational embezzlement, crime of breach of trust, suspension of execution and fine, and in particular, in the case of each of the crimes of paragraph (2) of the crime in the judgment below, each of the instant crimes committed even during the period of repeated crime, it is necessary to hold the Defendant liable with severe liability corresponding thereto.

However, the defendant made a confession of all of the crimes of this case, and his mistake is divided in depth, and the defendant does not want the punishment against the defendant by agreement with the victimJ, AD, L and only for each crime of fraud as stated in paragraph (2) of the crime of this case as stated in the judgment of the court below, and the victim K in the crime of fraud as stated in paragraph (3) of the crime of this case as stated in the judgment of the court below invested a total of KRW 12 million by deceiving the defendant. After which he received dividends of KRW 17.1 million which the defendant promised from the defendant, he received KRW 9.3 million out of the dividends of KRW 7.8 million, and received five million out of the remainder 7.8 million as D shares. The victims of each of the crimes of this case have received a certificate of borrowing from the defendant. It seems that the victims of each of the crimes of this case have not been relatively easily deceiving the defendant for a short period of time, and the first crime of this case and the first crime of this case has become final and conclusive.

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