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(영문) 부산지방법원 2016.05.12 2015노4391
배임등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the lower court rendered by the Defendant (10,000,000 won in penalty) is too unfluent and unreasonable.

2. The judgment of the Defendant committed a crime of fraud by transferring the above land to another person by acquiring money as collateral from the injured party, and by acquiring money from another injured party, and by deceiving 22.9 million won in total from other injured party, the Defendant committed a crime of fraud. The Defendant is disadvantageous to the Defendant, such as imprisonment with labor, one time as a crime of fraud, three times as a punishment for suspended execution, and the fact that the Defendant committed a repeated crime in the case of a crime of fraud.

However, taking into account the following circumstances: (a) the Defendant led to the confession of each of the instant crimes; (b) the victims do not want the Defendant’s punishment any longer by mutual consent with the victim; and (c) the Defendant’s age, sex, environment, family relationship, means and consequence of the instant crime; and (d) other various circumstances, which form the conditions for sentencing as shown in the records and theories of changes, such as the circumstances after the commission of the crime, do not seem to be unfair since the sentence imposed by the

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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