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(영문) 부산지방법원 2014.12.11 2014노2184
사기등
Text

Of the judgment of the court below, the part against Defendant A, B, and D and the part against Defendant C shall be reversed, respectively.

Defendant

A.

Reasons

Summary of Grounds for Appeal

A. Defendant A, B, and C1’s each sentence (a year of imprisonment and confiscation, Defendant B’s imprisonment with prison labor for 10 months and confiscation, Defendant C: imprisonment with prison labor for 2 years and confiscation, and 2 years and 4 months and confiscation) that the court below sentenced the Defendants are deemed unfair.

B. Each sentence sentenced by the lower court to Defendant D (the first instance judgment: imprisonment with prison labor for 10 months, and imprisonment with prison labor for 10 months) is too unreasonable.

C. The punishment of Defendant CE sentenced by the lower court (a fine of KRW 1.5 million) is too unreasonable.

Defendant

The first and second court sentenced the defendant D to each of the above decisions after the court below completed a separate examination as to D, and the defendant D filed an appeal as to each of the above decisions, and this court decided to hold a concurrent examination as to the above two appeals. The crimes of the first and second court against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the court below as to the defendant D among these decisions of the court below cannot be exempted from reversal.

Defendant

The instant crime of this case as to the grounds for appeal by A, B, and C is considered to be minor compared to C, and the amount of damage in the case of Defendant B is not more than KRW 3 million, and the total amount of damage is not more than KRW 3 million, and Defendant C deposited the total amount of damage, and Defendant C deposited the total amount of damage with AD to compensate for damage to KT in consultation with AD to the effect that it is not good for the crime.

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