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(영문) 부산지방법원 2014.01.24 2013노3262
사기등
Text

The judgment below

Part concerning the crime of Nos. 2 and 3 of the judgment shall be reversed.

The judgment below

As to the crimes of Nos. 2 and 3 of the holding.

Reasons

1. The court below found the defendant guilty of the remaining facts charged except for intimidation among the facts charged in this case, and sentenced the defendant to four months of imprisonment and ten months of imprisonment with prison labor as to the crimes in Articles 2 and 3 of the judgment, and sentenced the dismissal of prosecution in the order as to each intimidation. The defendant filed an appeal on the grounds of unfair sentencing as to the guilty part of the judgment of the court below. As such, the dismissal of prosecution among the judgment of the court below was separated and determined to the extent of the appeal period.

Therefore, the scope of this court's judgment is limited to the above conviction.

2. The summary of the grounds for appeal (one month of imprisonment with prison labor for each of the crimes listed in paragraphs 1, 2, and 3 as stated in the decision of the court below) declared by the court below is too unreasonable.

3. The judgment of the court below is acknowledged that each of the crimes of this case committed the crimes of this case under Articles 2 and 3 of the decision of the court below, since the issue is not less complicated in light of the relevant criminal acts, the number of crimes, the number of victims, and the amount of damage, and the victims used credit cards lost for a short time and repeatedly, and the defendant's act of leading to the crime of this case does not seem to have been committed to maintain basic livelihood, and there was no agreement between the victim and some of the victims, and one year has not passed since the defendant was sentenced to punishment of the same kind of crime, and

However, in full view of the following circumstances: (a) the Defendant recognized each of the instant offenses and against his mistake; (b) the Defendant agreed with D, I, and R among the victims; (c) the victim H and M deposited the amount of damage; and (d) the Defendant’s age, environment, family relationship, occupation, and circumstances leading to each of the instant offenses; and (b) the sentencing conditions indicated in the records, such as the background leading to each of the instant offenses, etc., imprisonment with prison labor for the crimes listed in Article

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