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(영문) 부산지방법원 2016.07.21 2016노1048
사기등
Text

All judgment of the court below shall be reversed.

Defendant

A Imprisonment with prison labor of one year and six months, Defendant B's imprisonment with prison labor of eight months, and Defendant C.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (as to the judgment of the court below in the first and second instances), each sentence (as to the first instance court: imprisonment with prison labor for a year and two months, confiscation, and second instance: imprisonment with prison labor for a period of eight months) that the court below sentenced to the defendant is too unreasonable.

B. Defendant B (as to the judgment of the court of first instance and the judgment of the court below), each sentence imposed by the court below on the Defendant (as to the first instance court of first instance: January 2, 190, confiscation, and second instance court of third instance: imprisonment with prison labor of eight months) is too unreasonable.

(c)

Defendant

C (1) In the event of fraud, such as fraud and fururter, among the facts stated in the judgment of the first instance court of the first instance, the role of the liability for withdrawal was Defendant A.

Defendant

C As to this part of this case, the Defendant is not jointly liable for the principal offender, since not only was the name influents, who are the officers of the instant Bosing Crime, but also did not have conspired with Defendant B, A, etc. or shared the conduct of the commission.

Nevertheless, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, which found the Defendant guilty as a joint principal offender for the facts charged in this part.

2) Each sentence (the first instance court: October, confiscation, and third instance court: imprisonment with prison labor for six months) that the lower court sentenced the Defendant, which was unfair in sentencing, is too unreasonable.

(d)

Each sentence sentenced to the Defendants by the first and third core trials of the prosecutor (as to the judgment of the court below of the first and third level) is too uneasible and unfair.

2. We examine ex officio the grounds for appeal by the Defendants and the prosecutor prior to the judgment.

Defendant

A received the judgment of the court of first instance and the judgment of the court of first instance, and the judgment of the court of first instance and the judgment of the court of first instance and the judgment of the court of third instance, and filed an appeal against each of the above judgments, and the prosecutor filed an appeal against the judgment of first and third. The court of first and third instances decided to jointly examine each of the above appeals cases

However, the defendant A No. 1, 2.

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