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(영문) 부산지방법원 2016.10.13 2016노221
사기
Text

The judgment below

Part concerning the crime of sub-paragraph 2(b) and (c) of the judgment shall be reversed.

The defendant is the 2-B of the judgment of the court below.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's each punishment (the crime of paragraphs (1) and (2) of the judgment of the court below: imprisonment with prison labor for 2 years of suspension of execution of six months, community service order 120 hours, and 2-b and (c) of the judgment of the court below: fine 10 million won) declared by the court below is too unreasonable, and the prosecutor asserts that the defendant is too unreasonable and unfair.

2. We examine both the defendant and prosecutor’s assertion of unreasonable sentencing.

A. As to the crimes of Articles 1 and 2(a) of the judgment of the court below as to the crime of this part, the defendant appears to have committed each of the crimes of this part, and the victim F paid interest for a considerable period of time, after the above victim filed a complaint, the above victim made a promise to reimburse after the above victim filed a complaint and cancelled the complaint against the defendant, and the mother of the defendant, the principal offender of the crime of fraud in this part, deposited a sum of KRW 5,820,00 for the above victim, and the equity with the case of the judgment of the court below shall be considered as favorable to the defendant.

However, the above victim appears to have suffered considerable economic and mental suffering due to the criminal act against the victim F by the defendant. The criminal act against the victim J is planned and intentionally committed by the defendant's mother and the defendant, who is an accomplice, by deceiving the above victim, and the crime is not very good. The above victim J did not recover a considerable amount of damage up to the trial. In light of the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, the amount of damage, the degree of participation, and all other sentencing conditions specified in the records and arguments of this case, such as the records and arguments, the punishment imposed by the court below is within the proper sentencing discretion, and it is too heavy or uneasible.

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