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(영문) 창원지방법원 2017.04.27 2016노2637
사기등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 5,00.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment with prison labor for Defendant A and two years of suspended sentence for Defendant B) is too unreasonable.

2. We examine the judgment. The defendants' crime of fraud of this case was committed by deceiving the financial bill as a progressive bill and deceiving about 280,000,000 won, and there is a reason to impose unfavorable punishment, such as that the crime is bad and damaged, the amount of the false statement issued or issued by the defendant A reaches about 870,000,000 won. However, the defendants are resisting the crime. At the court below, the defendants deposited KRW 100,000 for the victim of fraud. At the court below, the defendant deposited KRW 12,00,000 for the drawer of the bill, the defendant paid KRW 12,00,000 to the victim. The damage was most recovered, the defendant Gap received suspension of the execution of imprisonment with prison labor for fraud, and the defendant Eul was not guilty, and the defendant Eul did not have any minor criminal record, and the defendant A's motive to commit the crime of this case and his economic situation should be considered at the same time, and the defendant's participation in the crime of this case was relatively consistent with the following reasons.

3. Thus, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the Defendants is justified, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court is recorded in the part against the Defendants in each corresponding column of the judgment below.

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