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(영문) 부산지방법원 2018.04.12 2018노298
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of two years and two months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (two years and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine both the Defendant and the Prosecutor’s assertion as to the grounds for appeal.

The so-called Bohishing crime was committed against many unspecified victims in an organized, planned, and intelligent manner, as well as the social and economic harm resulting therefrom also needs to be severely punished for subordinate participants who have performed the role of collecting books, remittance books, delivery books, and collection books. The crime of this case is committed in collusion by soliciting cash collection books by the defendant, thereby deceiving a large number of victims with 165 million won, and is recognized as disadvantageous to the defendant, in light of the circumstances and contents of the crime.

However, the court below's punishment against the defendant is too unreasonable in light of the following circumstances: (a) the defendant made a confession of all of the crimes in this case, (b) the defendant did not want the punishment of the defendant; (c) the victim T has no criminal history of the same kind; (d) the defendant's family members want to take the defendant's measures against the defendant; and (e) the social relation of the defendant seems obvious, such as the defendant's age, sexual conduct, environment, etc.; and (e) the court below's punishment against the defendant is too unreasonable in light of all other circumstances, which are the conditions for the sentencing specified in the arguments in this case, such as

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. The compensation order pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Determination as to Application for Compensation Order is to specify the amount of damage to the direct property damage suffered by the victim of the criminal act, and to the extent of the compensation liability of the defendant.

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