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부산지방법원 2020.01.10 2019노3175
사기등
Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for the crimes of Nos. 1, 6, and 7 of the judgment, and Articles 2 through 5, 8 of the judgment.

Reasons

1. The summary of the grounds for appeal (one year and six months (one year of imprisonment with prison labor for crimes No. 1, 6, and 7 at the market time, and three years and six months of imprisonment with prison labor for crimes No. 2 through 5, and 8 through 19) of the judgment of the court below is too unreasonable. 2. The amount obtained by the defendant from victims in this case is the maximum amount of KRW 80 million. The defendant has a record of punishment several times for the same crime, and the defendant has committed the crime in this case during the suspended execution period for the same crime. The defendant did not agree with the other victims except the victim CO and BC until the trial. However, since the defendant was at the trial, all of the crimes of this case were recognized, and the defendant violated his own mistake. The defendant further agreed with the victim CO and BC corporation. Furthermore, the defendant appears to have satisfied the defendant's respective grounds for appeal, including the defendant's motive to commit the crime of fraud and the latter part of the Criminal Procedure Act, and the reasons for the defendant's oral judgment and the court's judgment.