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(영문) 창원지방법원 2014.09.25 2014노1353
사기등
Text

The judgment below

Part of the compensation order, excluding the compensation order, shall be reversed.

Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of 300.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years of imprisonment and fine of three hundred thousand won) is too unreasonable.

2. The crime of this case is committed in collusion with the victim, AC, P, and Q, 72 times in which the defendant had no intention or ability to sell a heavy mobile phone, and acquired approximately KRW 15,440,00 in total as the price for the mobile phone by deceiving 72 victims on 72 occasions, and jointly with P or P, Q and two other persons in collaboration with the victim U.S. to take up KRW 13,000 in cash and three mobile phones in the market price from the victim U.S., and cut off the victim R and S, jointly with P, Q and Q, and if the defendant moved to his place of residence as a person liable for military service, he did not perform the move-in report within 14 days but did not perform the case, and the case is not less easily. The defendant did not reach an agreement with a considerable number of victims up to the trial of the party, and there was a history of having been punished once a fine for fraud, which is disadvantageous to the defendant.

However, the fact that the defendant is led to each of the crimes of this case in order to maintain his livelihood in the age of 21, and that the defendant has been led to each of the crimes of this case in order to maintain his livelihood in the age of 21, and that the defendant agreed with the victim K, C, AI, AJ, Z, Z, V, AK, AK, AL, and AM in the process of police investigation, and the victim R and the above victims who are co-offender in the process of police investigation. The defendant submitted to the court below a written agreement made between the defendant and the above victims, but no prosecution was instituted on the part of the part

(A) The Defendant stated that he did not take part in the fraud crime committed against NN at an investigative agency. In full view of all the circumstances that are favorable to the Defendant, including the Defendant’s character, conduct and environment favorable to the Defendant, the background and consequence of each of the instant crimes, and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the circumstances after the commission of the crime.

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