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(영문) 부산지방법원 2018.06.08 2018노677
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than three years and two months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three years and six months of imprisonment) is too unreasonable.

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

2. The defendant and prosecutor's each argument of unfair sentencing together with each of the following facts: (a) the defendant has been punished several times for the same crime; (b) the defendant has been sentenced to suspension of execution and punishment; (c) the defendant's crime of fraud of 4028 above 2017 senior group is a systematic and planned crime that abused the system of house lease loan for the stabilization of the residence of homeless workers; (d) the defendant's participation in the crime is important; and (e) the defendant excluded the lessee from each of the above fraud and distributed the loans to accomplices; (e) the degree of participation in the crime is important; (g) the liability for the crime of forgery of private documents, the crime of uttering of the above investigation documents, and the crime of trust in the name of real estate; (g) the sum of the fraud of each fraud of 4028 senior group of 2017,000,000 won, which was committed by the defendant alone; and (g) the amount of fraud of 5855 senior group of fraud by the defendant is not recovered to 27 billion won and 2.7 billion won.

However, in light of the defendant's age, sex, environment, motive, means and consequence of each of the crimes of this case, and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of each of the crimes of this case, the punishment imposed by the court below is too excessive and unfair, so the defendant's assertion is justified, while the prosecutor's assertion is without merit.

3. Conclusion.

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