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(영문) 부산고등법원 2014.10.29 2014노347

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The sentence of the court below (five years of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, the prosecutor obtained 0.5 goods from the defendant at the trial, and then acquired 0.5 bitfin at the market price of 2,794,125,000 won in total from the above G on August 17, 2010, 30 bitfin at the market price of 208,075,000 bitfin at the market price of 2,794,125,000 bitfin at the above G on August 17, 2010, 40 bitfin at the market price of 124,115,00 won, 96,64,000 bitfin at the market price of 0.3 0 bitfin at the 05 bitfin market price, and 1.3 01 Mafin at the market price of 201, 001 Mafin at the market price of 20.4 Maf.15 20

On the other hand, since each of the above modified parts and each of the fraud parts against the defendant were sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, the part of the judgment of the court below against the defendant cannot be maintained as it is.

3. Accordingly, the part of the judgment of the court below against the defendant is reversed without examining the defendant's assertion of unfair sentencing, and the part of the judgment below against the defendant is again decided as follows after hearing.

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the evidence related thereto.

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