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(영문) 부산지방법원 2019.02.14 2018노4236

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the lower court (the fine of KRW 3,00,000) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. According to the evidence duly admitted and examined by the court below and the court below, the defendant was sentenced to one year of imprisonment for a crime of fraud in the Busan District Court’s Branch Branch Branch on August 17, 2018, and the above judgment became final and conclusive on February 8, 2019. The crime of the court below’s decision and the above crime of the defendant, for which the judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the court below’s decision in consideration of equity with the case where the judgment is to be rendered at the same time in accordance

In this regard, the prosecutor added "the defendant was sentenced to one year of imprisonment for fraud in Busan District Court's branch office on August 17, 2018, and the above judgment became final and conclusive on February 8, 2019" to the facts charged in the indictment of this case against the defendant in the trial of the party branch, and applied for permission to amend the indictment to add "the latter part of Article 37 and Article 39 (1) of the Criminal Act" to the applicable provisions of law, and this court permitted this.

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and evidence admitted by this court is as follows. The first head of the "criminal facts" refers to "the defendant was sentenced to one year of imprisonment for criminal acts in Busan District Court's branch office on August 17, 2018, and the above judgment became final and conclusive on February 8, 2019," and "a summary of evidence" as "a summary of evidence" as stated in the judgment of the court below on February 1, 201, except for addition of "a summary of the investigation report (the confirmation of whether the latter concurrent crimes of Article 37 of the Criminal Act are concurrent crimes) and a copy of each judgment" as stated in each corresponding column of the court below.