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(영문) 대구지방법원 2014.04.03 2013노2826

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (7 million won of a fine) is too unreasonable.

2. According to the records of ex officio destruction, the Defendant may be found to have been sentenced to imprisonment with prison labor for ten months and a fine of one million won for fraud, etc. in the Daegu District Court racing support on October 16, 2013, and two years of suspended execution, and the said judgment becomes final and conclusive on October 24, 2013.

Since the crime of this case is related to the crime subject to the above final judgment and the crime subject to the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act. Since the application of the statutes of the lower judgment was omitted, the reason for ex

Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below shall be reversed, and the following judgment shall be rendered again after pleading

Criminal facts

The summary of the facts charged and evidence admitted by this court is to add to the first head of the facts charged as stated in the judgment of the court below, "the defendant was sentenced to ten months of imprisonment and a fine of one million won on October 16, 2013, and the above judgment became final and conclusive on October 24, 2013, after having been sentenced to a suspended execution of two years on October 24, 2013," and "the defendant acquired property benefits equivalent to the same amount by bearing a total of KRW 1,673,000 of the terminal charges" as stated in the 2nd 7 and 8th 7th 8th 8th 2nd 1,673,000 of the terminal charges, thereby obtaining property benefits equivalent to the above amount." Thus, it is identical to each corresponding column of the judgment of the court below except that "the defendant acquired property benefits equivalent to the price of the above device by having SK Telecom Co., Ltd. acquire property benefits."

Application of Statutes

1. Relevant provisions of Article 347(2) and (1) of the Criminal Act for the crime concerned, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act for each crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty: