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(영문) 부산지방법원 2018.06.01 2017노4750
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (in each case, sentencing is unfair) of the lower court’s punishment (two years of suspended sentence for one year) is too minor or minor (in each case, prosecutor).

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

In the past when the defendant was judged to be a party, the confession of the crime of this case was made by the defendant, the defendant did not have any criminal record exceeding a fine since 2000, and since the division of property between the defendant and the victim, the forest land as indicated in the judgment of the court below is assessed as the active property of the defendant, and the victim has no money in installments to be paid to the defendant. According to this, the same result as the repayment by the defendant in part

However, the crime of this case is disadvantageous to the defendant in light of the size of the fraud by deceiving the victim and deceiving the victim of KRW 175 million.

In full view of these circumstances, comprehensively taking into account the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, and relationship between the Defendant and the victim, etc., all the sentencing conditions that were revealed in the instant case, such as the Defendant’s age, sex, environment, motive and consequence of the crime, and the relationship between the Defendant and the victim, it cannot be said that the Defendant

The argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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