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(영문) 부산고등법원 2016.10.20 2016노384
사기등
Text

The judgment below

All appeals filed by the defendant and the prosecutor on the part of the defendant's case are dismissed.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of imprisonment, additional collection of KRW 43,500,000, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. First of all, the part of the order for compensation in the lower judgment is examined ex officio (the part of the order for compensation in question was transferred to the first instance court along with the Defendant case according to the Defendant’s appeal against the part of the order for compensation in question). The lower court issued an order for compensation with a statement that the Defendant would pay KRW 43.5 million corresponding to the amount acquired by the Defendant to C,

However, according to the defendant's defense counsel submitted on October 13, 2016 and the result of the court's sentencing review, it is recognized that the defendant agreed with C, an applicant for compensation, to reach the judgment of the court (the summary is that the defendant promised to pay the amount of damage within the early date after the release of the defendant) and accordingly, paid KRW 5 million to C, an applicant for compensation, as agreed money, on October 12, 2016.

Therefore, the part of the judgment of the court below regarding the compensation order against C, which is the applicant for compensation, shall be revised to order C, who is the applicant for compensation, to pay 38.5 million won (=43.5 million won - five million won) to the defendant.

B. The case holding that each of the crimes of this case committed by the defendant committed several unfavorable circumstances such as the defendant's several circumstances favorable to the defendant (the defendant recognized all of the crimes of this case and made a statement that his mistake is divided, the defendant does not want punishment against the defendant in the trial of the defendant in accordance with the agreement with the victim C and I, and the defendant paid 6.7 million won out of the amount of money acquired through deception to the victim D) and multiple unfavorable circumstances, such as the defendant's each crime of this case, committed in the course of the trial of the court below and the trial of the court below, shall be a case where the defendant deceivings many victims as stated in the crime of this case in

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