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(영문) 부산지방법원 2020.05.01 2019노3217
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The defendant's total damage amounting to KRW 766,00,000 on the ground that the defendant's act of fraud in this case was caused by the crime of fraud in this case.

The Defendant actively mobilized the method of forging documents and committed the crime of fraud.

However, in this court, it seems that there was a new resolution of ratification by the general meeting of clans for the defendant's disposal of real estate owned by clans, and that it is unlikely for clans to proceed with civil litigation against fraudulent victims in the future.

A clan does not want to punish the defendant, and the defendant is not in a very healthy state from around 2014 to the end of a clan.

There is no history of punishment exceeding the same kind or fine for the accused.

In addition, considering the defendant's age, environment, motive and consequence of the crime, the means and consequence of the crime, the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair.

The defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, Article 228 (1) of the Criminal Act, Article 228 of the Criminal Act, Article 229 and Article 229 of the Criminal Act for the selection of the relevant criminal facts;

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