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(영문) 부산지방법원 2017.11.10 2017노2820
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. In light of the following: (a) the Defendant and the Prosecutor’s each of the unlawful arguments in sentencing together with each of the instant offenses; (b) the Defendant’s liability is grave; (c) the Defendant has been sentenced to a fine over a total of several hundreds of times; (d) the Defendant has been sentenced to punishment; and (e) the same type of fraud has been punished several times; (c) the amount of the defraudation exceeds a total of KRW 70 million; (d) the damage recovery was not made at all; and (e) there was no agreement with the victims.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) at the same time when the judgment becomes final and conclusive; and (c) the Defendant’s age, sexual conduct, environment; and the motive, means, and consequence of each of the instant crimes; and (d) all of the sentencing conditions specified in the pleadings in the instant case, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed appropriate; (b) it is too heavy or too unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. Of the judgment below’s correction of the written judgment of the court below, Article 4-2(1) of the Criminal Act (amended by Act No. 347(1) of the Criminal Act (amended by Act No. 347(1) of the Criminal Act) and Article 347(1), Articles 347(1), 34(1), and 31(1) of the Criminal Act (amended by Act No. 347(1), 347(1), and 31(1) of the Criminal Act (amended by Act No. 347(1), 347(1), 34(1), and 31(1) of the Criminal Act (amended by Act No. 347(1), 347(1), 34-2(1), and 31(1) of the Criminal Act (amended by Act No. 34-3-2).

(a) .(b), 4-

(a) b.(c);

Section 7 and 10's frauds), three's meaning, "public property and public property."

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