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(영문) 부산지방법원 2016.05.12 2016노882
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. The determination of the Defendant, even though it was difficult for each victim to normally proceed with the closed plastic business, by deceiving the victims, and by deceiving the victims the sum of KRW 92 million, KRW 30 million, KRW 4440,00,00 from each victims, is an unfavorable circumstance, in light of the method of the crime and the amount of damage, etc.

However, when the defendant made confessions of each of the crimes of this case and is against himself, and the defendant has the record of being punished by a fine of 2 times, and there is no record of being punished by the same type of crime, and the defendant made an agreement with the victim F and deposited 92 million won, which is the full amount of damage for the victim D in the court below after the victim I paid 1.5 million won to the victim I, and further agreed with the victim and I. Accordingly, all of the victims of each of the crimes of this case do not want the defendant's punishment any longer, and considering other various circumstances that are the conditions of sentencing as shown in the records and theories of this case, such as the defendant's age, sexual behavior, environment, motive, means and result of the crime, circumstances after the crime, etc., the sentence imposed by the court below is inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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