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(영문) 부산지방법원 2020.05.08 2019노4265
사기
Text

[Defendant A] The part on Defendant A in the first judgment shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor of one year and nine months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

B. Defendant B’s punishment (the first instance court: imprisonment with prison labor for one year and two months, and imprisonment for eight months and the second instance court: imprisonment with prison labor for one month) is too unreasonable.

2. We examine Defendant A’s assertion, and find the following circumstances: (a) the victim from the instant crime reaches six persons; (b) the amount of damage exceeds KRW 500 million; and (c) Defendant A has a history of punishment for the same crime.

However, in full view of the fact that Defendant A appears to have the attitude of leading up to the confession of and against mistake in the crime, the fact that Defendant A has additionally agreed with two victims (G, K), and other factors of sentencing as shown in the argument process of the instant case, such as the Defendants’ age, character and conduct, environment, motive of the crime and circumstances after the crime, etc., the sentencing of the lower court is deemed unfair.

Therefore, Defendant A’s assertion is justified.

3. Judgment on Defendant B

A. Prior to the judgment on the grounds for appeal by Defendant B ex officio, this court tried by combining each appeal case against Defendant B with each of the judgment below. Each of the offenses listed in the attached Table No. 145 through No. 392 in the judgment of the first instance court against Defendant B and each of the offenses listed in the judgment of the second instance in the judgment of the second instance in the judgment of the first instance against Defendant B should be sentenced to a single sentence within the scope of the term of punishment for aggravated crimes under Article 38(1) of the Criminal Act in relation to concurrent offenses under the former part of the attached Table No. 37 in the judgment of the first instance. Therefore, in this regard, the part concerning each offense listed in the attached Table No. 145 through No. 392 in the judgment of the second instance and the second judgment cannot be maintained any longer

B. Of the judgment of the court of first instance, there is no change in the conditions of sentencing compared to the judgment of the court of first instance on the allegation of unfair sentencing on each of the crimes listed in the No. 1 through No. 144 in the judgment of the court of first instance as to Defendant B, and the sentencing of the court of

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