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(영문) 부산지방법원 2016.04.29 2016노185
사기
Text

The appeal by the defendant and the prosecutor shall be dismissed, respectively.

Reasons

1. The summary of the grounds for appeal asserts that the Defendant is too unaffortable due to the lower court’s punishment (eight months of imprisonment) and thus unfair, while the prosecutor asserts that the lower court’s punishment is too unaffortable and unfair.

2. The instant crime committed by the Defendant is inevitable in light of the following: (a) by taking advantage of the fact that the insurance solicitation allowance is the advance payment; (b) promising a large number of policyholders to pay insurance premiums on behalf of them; and (c) by taking out an insurance contract into account a large amount of money equivalent to KRW 80 million in total from the victims; and (d) the nature of the crime is not good; and (e) the amount of damage has not been fully repaid.

However, in full view of the following factors: (a) the Defendant recognized the instant crime and is in profoundly against the Defendant; (b) the primary offender who has no particular criminal history; (c) the first offender who has no record of criminal punishment; and (d) no circumstances or changes in circumstances that may be newly considered in sentencing after the first instance judgment was rendered; and (d) other factors such as the circumstances leading to the instant crime; (b) the circumstances following the instant crime; (c) the Defendant’s age; (d) the Defendant’s sexual conduct; and (e) various sentencing conditions specified in the instant argument, such as the environment, etc., the Defendant and the Prosecutor’s assertion are not

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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