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(영문) 부산고등법원 (창원) 2017.02.15 2016노356
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio before the judgment on the grounds of appeal, and the prosecutor changed "30,000,000 won from the victimY" to "125,00,000 won in total from the victimY," among the facts charged in the crime against the victimY of the 2015 high 228 case, and "4,000,000 won in total from the victim Gap" to "59,00,000 won in total from the victim Gap," respectively, in the facts charged in the crime against the victim A, and the judgment below was modified to "2,000,000" attached to the indictment, and since it was subject to the judgment by this court, it was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is decided as follows, without examining the defendant's unfair argument of sentencing.

[Grounds for the judgment below] The summary of the facts constituting a crime and evidence recognized by the court below is as follows: "30,000,000 won from the victim Y" among the facts constituting a crime of the 2015 high 228 case as stated in the judgment of the court below (3rd 14 of the judgment of the court below) and "125,00,000 won from the victim Y" (451,000,000 won in total from the victim AW) are as "59,00,000 won in total from the victim A"; 2 (2) the daily list of the crimes in the judgment of the court below (23 through 35 of the judgment of the court below) as shown in the judgment of the court below changed to attached Table 2 of the list of crimes (35 of the court below's judgment of the court below). The summary of the above case is as follows: "Additional evidence, submission of each evidence, confirmation of deposit, each of the documents of each deposit, and each of the national bank transaction."

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