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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2016.11.17 2016노411
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In collusion with K for a mistake of facts, the defendant did not obtain 60 million won from the victim M in collusion with K for the same reasons as stated in paragraph (2) of the criminal facts in the judgment of the court below. However, although K merely bears the guaranteed liability for 60 million won borrowed from the victim to repay the defendant's debt, the court below concluded that the defendant committed the crime of fraud as stated in paragraph (2) of the criminal facts in the judgment of the court below in collusion with K, which affected the conclusion of the judgment by misconception of facts.

B. The sentence imposed by the lower court on the Defendant (two-year imprisonment, three-year suspension of execution, and eight-hour community service order) is too unreasonable.

2. Determination

A. The court below also argued that the defendant is identical to the grounds for appeal in this part, and the court below found the defendant guilty of this part of the facts charged on the ground that the defendant conspired with K and received 60 million won from the victim M due to the same circumstance as the facts stated in paragraph (2) of the facts charged in the judgment of the court below, based on the circumstances acknowledged by the evidence of the court below, and the court below found the defendant guilty of this part of the facts charged on the ground that it is sufficiently recognized. In comparison with the records of the judgment of the court below and the arguments of the court below and the court below, the judgment of the court below is just, and there is no error of law as alleged by the defendant, and

B. Although there are no circumstances to consider the issue of unfair sentencing, that the defendant made a statement that his mistake is against the depth of his own mistake, and that the victim does not want punishment against the defendant by mutual consent with the victims, each of the crimes of this case committed by the defendant, which the defendant committed by deceiving the victims under the circumstances as stated in the judgment of the court below.

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