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(영문) 부산지방법원 2017.08.11 2017노1128
사기
Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for not less than four months, and the remainder of the judgment.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended sentence of imprisonment for April, six months of suspended sentence of imprisonment, and three hundred and sixty hours of community service work) is too heavy or is too heavy (the prosecutor).

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The fact that the defendant acquired a certain amount of money (total of KRW 53,275,400) from the victim on several occasions, and that the damage has not been fully recovered is disadvantageous to the defendant.

However, the fact that the defendant recognized a mistake and agreed with the victim, and the defendant made efforts to recover damage even after the above agreement and repaid approximately KRW 35 million in total to the trial of the party, the defendant does not have a criminal record of the same kind, and the remaining crimes except for the crime of fraud of paragraph 5 of the decision of the court below should be determined in consideration of equity with the case where the judgment of the court below is to be judged simultaneously with the case where the law on the Promotion of Game Industry Act in the decision of the court below

In addition to the above circumstances, considering all the sentencing conditions, such as Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the lower court’s punishment is unlimited and deemed unfair.

Therefore, the prosecutor's improper assertion of sentencing is accepted and the prosecutor's improper assertion of sentencing is not accepted.

3. Therefore, in accordance with Article 364(6) of the Criminal Procedure Act, the lower judgment is reversed, and the judgment is rendered again after pleading (inasmuch as the prosecutor’s appeal is rejected but the lower judgment is reversed by accepting the Defendant’s appeal, the prosecutor’s appeal shall not be dismissed separately from the order). [Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is as follows: (a) the summary of facts constituting an offense and evidence committed on July 8, 2012 on the date of the offense referred to in paragraph (2) of the lower judgment and paragraph (4) of the same Article (Evidence No. 25, 38 of the Record of Evidence) and the same paragraph on November 15, 2012 on the date of the offense referred to in paragraph (4) of the same Article.

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