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(영문) 부산지방법원 2014.03.14 2014노249
사기등
Text

The judgment below

Part of the compensation order, excluding the compensation order, shall be reversed.

A person shall be punished by imprisonment with prison labor for the first offense against the defendant.

Reasons

1. The summary of the grounds for appeal (6 months of imprisonment with prison labor and 4 months of imprisonment with prison labor for the crime No. 2 of the decision of the court below for the crime No. 1) is too unreasonable.

2. In full view of the crimes of No. 1 and No. 2 in the judgment, together with the crimes of No. 1 in the judgment, the defendant recognized and reflected the crimes of this case, the defendant agreed to pay the damages to the victim B and F in full at the time of the trial, the defendant's age, occupation, and all other matters concerning the sentencing specified in the records and arguments of this case, the punishment of the judgment of the court below is deemed unfair, and the defendant's assertion is reasonable.

3. According to the conclusion, the part of the judgment below excluding the compensation order portion among the judgment below is reversed, and the following judgment is rendered after pleading, as the defendant's appeal is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Articles 347(1) and 329 of the Criminal Act (the point of fraud), and the choice of imprisonment with prison labor for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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