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(영문) 창원지방법원 2020.09.18 2020노249
사기
Text

The judgment below

The part against the defendant shall be reversed.

The defendant is the first and second crimes of the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (defendants) of the lower court’s punishment (two years of imprisonment with prison labor for crimes No. 1 and No. 2 as indicated in the original judgment, two months of imprisonment with prison labor for crimes No. 3 as indicated in the lower judgment, and confiscation) is too unreasonable.

2. In order to raise the gambling fund, the defendant deceiving seven victims, and defrauded 8,5790,00 won in total, among them, and the crime of fraud against the victims of the crime of the crime of the crime of the same kind 1 and 2 in the judgment of the court below was committed by the defendant for the first time of society, such as the student who seeks a part-time fee during the parole period or the repeated crime of the same kind of crime, by using a forged identification card, a leaflet, etc., the defendant committed a planned loan fraud for the first time of society, such as a student who seeks a part-time fee during the period of parole due to the crime of the same kind of law of the court below. The defendant made the judgment of the court below that he would pay damages to Co-defendant B who already suffered from the crime of the same kind of crime of the crime of the same kind of crime of the same kind of crime of the same kind of crime

On the other hand, prior to the institution of the instant prosecution, 7.5 million won out of the amount of damage to the victim's Z was repaid (2.95 million won of the investigation records of the case 2019 order3561) before the prosecution of this case was instituted, and 5.0 million won of the amount of damage to the first crime and second crime (1.91 of the investigation records of the case 2019 order 1926) in the judgment of the court below is recovered (1.91 of the investigation records of the case 2019 order 1926). The defendant does not want punishment against the defendant under mutual agreement with the victim E (990 million won of the amount of damage) and the victim P (12 million won of the amount of damage), and the third crime in the judgment of the court of the court below is more favorable.

In full view of these circumstances and all of the sentencing conditions shown in the instant argument, the lower court’s punishment is deemed to be too unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, Article 364 of the Criminal Procedure Act is applicable.

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