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(영문) 부산지방법원 2018.09.13 2018노2777
사기
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

Reasons

1. The main reasons for appeal are as follows: each sentence of the court below (Defendant A: three years of imprisonment and one year of imprisonment) against the Defendants is too unreasonable.

2. The crime of this case by Defendant A by deceiving the damaged company, thereby deceiving the damaged company about 62 months, and aiding and abetting Defendant B to commit the above crime. In light of the content of the crime, the crime is heavy, and Defendant B committed a part of the crime of this case without being aware of the fact that Defendant B had already been under the suspension period of the execution of the crime of this case, and thus committed the crime of this case at a disadvantage to the Defendants.

However, from the court below to the court below, Defendant A led to the confession of the crime in this case for a considerable period of time and reflects the defendant A's depth in the life of confinement for a considerable period of time, and the remaining amount of damage was restored to 546,714,170 out of the amount of damage before and after the crime in this case, Defendant A was an initial offender who has not been subject to criminal punishment until now, Defendant B had no record of punishment for the same kind of crime, Defendant B was responsible for the livelihood of each of his family members, the defendants were responsible for the livelihood of each of the defendants, and the family members of the defendants were clearly considered to have a social ties relationship between the defendants, such as the defendants' age, character, and environment, and considering all other circumstances that form the conditions for sentencing as shown in the arguments in this case, the court below's punishment against the defendants is too unreasonable because it is too unreasonable.

Therefore, the defendants' argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court is the summary of the evidence.

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