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(영문) 부산지방법원 2016.10.27 2016노3097
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

The defendant shall pay 3,325,000 won to an applicant for compensation.

3.2

Reasons

1. The defendant asserts that the defendant's punishment of the court below (one year and six months of imprisonment) is too unfasible, and the prosecutor is too unfasible and unfair.

2. The crime of this case is a situation unfavorable to the defendant, even though the defendant had been sentenced six times to a fine for the same crime of fraud in 2014 and 2015, by deceiving a number of victims as if the defendant were to work as an employee in a entertainment establishment, etc., and by deceiving them total of KRW 120,000,000 in advance or loan name, and the crime of this case is highly poor, and the damage recovery has not yet been most of the crime.

However, considering various sentencing conditions, such as the Defendant’s age, character and behavior, environment, background leading up to a crime, method and method of the crime, and the circumstances after the crime, the sentence of the court below is too heavy or unafford, and thus, it cannot be deemed unfair in light of the following: (a) the Defendant’s confession of the crime of this case and the most part of the amount of damage appears to be attributable to the victim; (b) the Defendant was not subject to criminal punishment exceeding the fine; (c) the Defendant’s agreement with the victim N, T, and W was reached in the court below; and (d) the Defendant’s additional agreement was reached with the victim BT, G

3. In conclusion, since the appeal filed by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and since the application for compensation for damage filed in the trial is well-grounded, it is accepted in accordance with Articles 25(1)1 and 31(1), (2), and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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