beta
(영문) 전주지방법원 2015.03.13 2014노1208

사기등

Text

1. The judgment below is reversed.

2. Each crime described in No. 1 to 3 of the Crimes List No. 1 in the holding of the Defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to fraud No. 5, 6, and 7 of the crime list No. 1 of the original judgment), the Defendant suffered bodily injury, such as knee’s kne’s knee’s kne’s kne’s kne’s kne’s kne’s kne’s kne’s kne’s kne’s kne’s kne’s kne’s kne’s kne.

B. Each of the crimes described in subparagraphs 1 through 4 of the list of crimes in Article 1 of the original decision: Imprisonment with prison labor for 6 months, each of the crimes listed in Articles 5 through 19 of the list of crimes in Article 1 of the decision of the original decision and each of the crimes listed in Articles 2 through 4, and 6 through 9 of the decision of the original decision: Imprisonment with prison labor for 4 years and fine for 7,00,000) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds of appeal for ex officio. According to the records of this case, it is recognized that the defendant was sentenced to 10 months of imprisonment with prison labor at the Jeonju District Court on November 26, 2010, and the above judgment became final and conclusive on November 30, 2010. Among each of the crimes of this case, the crime committed prior to the establishment of the above judgment is a crime No. 1 or 3, and the crime of fraud No. 4 is terminated after the above judgment became final and conclusive. Thus, among each of the crimes of this case, the crime of this case, for which the judgment became final and conclusive and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act is limited to the crime of fraud No. 1 or 3, the above crime of this case is limited to the crime of fraud No. 4 of the crime list No. 37 of this case. 4 of the above crime list, and thus, the court below sentenced the above crime of fraud No. 1 or 4 of this judgment.

However, the defendant's assertion of mistake is still subject to the judgment of this court, despite the above reasons for reversal.

참조조문