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(영문) 부산지방법원 2016.02.17 2015노4634
사기등
Text

Defendant

All of the appeals filed by A and the defendant by the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal against Defendant A is unreasonable because the punishment for Defendant A (the imprisonment of one year and six months and the collection of penalty) of the lower court against Defendant A is too unreasonable.

The prosecutor (with respect to the defendant's Z)'s sentence on the defendant's Z (two years of suspended execution for four months of imprisonment, and 80 hours of community service) is too uneased and unfair.

Defendant

Defendant A’s judgment on the grounds for appeal of this case made a confession of all of the crimes of this case and reflects his mistake, and it appears that the investigation agency made a statement to the Defendant on the person who provided Metetoptotop (hereinafter “philopon”), and it appears that the profit actually acquired by Defendant A by the crime of this case appears to be less than the amount of fraud recorded in the crime of this case as stated in the judgment below.

However, the crime of this case is committed by Defendant A purchased approximately 0.14 ghon-phones in KRW 2.50,000, and approximately 0.07 gon-phones. Two times in collusion with F, etc., by deceiving a victim as if he obtained a loan by using a false lease contract and a false employment certificate, etc. The crime of this case is considerably poor in light of the law and contents of the crime. Defendant A has a history of being sentenced to punishment once for the same drug crime; Defendant A had a history of being sentenced to punishment once a fine; Defendant A had a history of being sentenced to punishment once for the same kind of crime; Defendant A had no special circumstances or changes in circumstances after the sentence of the lower judgment; Defendant A’s age, sexual behavior, environment, motive and circumstance of the crime, etc.; and Defendant A’s recommendation to take into account the following factors: (i) the punishment of this case; and (ii) the scope of punishment to be mitigated by one year to one year’s simple sentencing guidelines; and (iii) the scope of punishment to be mitigated by one year’s simple sentencing guidelines.

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