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(영문) 부산지방법원 2020.01.16 2019노3431
사기
Text

The judgment below

Of the above, the judgment No. 1-C against the defendant A

The part concerning the crime and the second crime shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A (the sentence of Article 1-A, b. of the original judgment: the sentence of imprisonment with prison labor for 4 months, 2 years of suspended execution, 1-C. and 2-C. of the original judgment: imprisonment with prison labor for 8 months) is too unreasonable.

B. The sentencing of Defendant B (the fine of KRW 5,000,000) by the lower court is too unreasonable.

2. Determination

A. Determination on Defendant A’s assertion of unfair sentencing is an unfavorable condition for sentencing, including the following: (a) the Defendant was sentenced to the suspended sentence on June 17, 2015 (two years of the suspended sentence in six months of imprisonment); (b) November 30, 2017 (two years of the suspended sentence in six months of imprisonment); and (c) January 10, 2019 (two years of the suspended sentence in six months of imprisonment); and (d) the instant crime was committed during the suspended sentence; and (b) the Defendant was also subject to a continuous same kind of crime even after having been sentenced to a judgment of the suspended sentence; and (c) the Defendant continuously repeated the same kind of crime. Meanwhile, in full view of the fact that the Defendant agreed with the victim in the judgment of the lower court, the lower court’s sentencing was too unfair, taking into account all of the factors indicated in the instant criminal proceedings, such as the Defendant’s age, character and behavior, environment, motives leading to the crime, and circumstances after the crime, etc.

B. In addition to the above sentencing conditions, the lower court determined the sentence by taking into account various sentencing conditions, such as the following: (a) the determination of the sentence should be made by taking into account the case of fraud and equity with which the judgment of the lower court became final and conclusive; (b) full repayment to victims C; and (c) the repayment to the victims G, etc.; (c) there are no circumstances to change the sentencing of the lower court in the trial where new sentencing data have not been submitted; and (d) the sentencing of the lower court is too unreasonable and does not seem to have

The Defendant’s assertion of unreasonable sentencing is without merit.

B. Defendant B’s assertion of unreasonable sentencing

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