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(영문) 부산지방법원 2020.06.11 2020노376
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. Determination of the summary of the grounds for appeal (two years of imprisonment) shall be inappropriate;

2. The lower court determined the sentence, taking into account the Defendant’s reflectivity, victim Z, agreement with AC, and equity in the case of being tried together with the crime for which judgment became final and conclusive, taking into account the fact that the Defendant was involved in the Bosing crime, which is a systematic and planned crime, and the number of victims and the amount obtained by deception.

The defendant deposited 2.1 million won in the appellate court to the victim AG.

Although the sentencing guidelines do not apply to the latter concurrent crimes of Article 37 of the Criminal Code, if this court examines the sentencing factors and other factors of sentencing, the amount of the original sentence is somewhat inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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