(영문) 부산지방법원 2017.03.30 2016노4341 | 리걸엔진

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(영문) 부산지방법원 2017.03.30 2016노4341

사기

Text

Defendant

All appeals by prosecutors are dismissed.

All applications for compensation order of this case shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The judgment of the court below which found the defendant guilty in the absence of the fact that the defendant misleads the victims to acquire property or property gains by deceiving them, is erroneous and has affected the conclusion of the judgment.

2) The sentence (each of the crimes referred to in the order of 2016 and the order of 175: imprisonment of 2 years, 2016 and the order of 334: Imprisonment of 6 months and 2016 and the order of 583 years: Imprisonment of 8 months) that the lower court sentenced to unfair sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts, the defendant deceivings the victims in spite of no intent or ability to repay the borrowed money, investment money, etc. as stated in the facts constituting the crime in the judgment below, and thereby, it can be sufficiently recognized that the defendant's mistake of facts is equivalent to the sum of KRW 386,514,815 won from the victim C, the sum of KRW 3630,000,000 from the victim N, the sum of KRW 23,540,000 from the victim E, and the sum of KRW 2,354,00 from the victim E, and

B. As to the Defendant and the Prosecutor’s argument of unfair sentencing, the Defendant did not oppose the instant crime while denying the instant crime; the Defendant had four identical records (three times of actual punishment, and one fine); the Defendant was released on March 2009 and released on June 9, 2010, and the parole period was expired on September 20, 201, but committed the instant crime against C from July 201; and the Defendant was sentenced to eight months of imprisonment for the instant crime on December 19, 2013 and completed the execution of the instant sentence on August 19, 2015, and the Defendant committed each repeated crime against the Victim N and E, with a large amount of damage to each of the instant victims, and the victims were punished by the Defendant’s severe damage.

유사 판례

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