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(영문) 의정부지방법원 2020.12.22 2020노94

사기

Text

The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

Reasons

1. Although the Defendant did not submit a statement of grounds for appeal ex officio, the records of this case are examined ex officio. According to the records of this case, the Defendant was sentenced to six months imprisonment with prison labor for a crime of fraud on August 9, 2018, and the judgment became final and conclusive on November 16, 2018.

The crime of the judgment of the court below against the defendant and the crime of fraud for which the judgment of the court below has become 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 judgment of the court below in consideration of equity in the case where it is judged at the same time pursuant to Article 39

2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is decided as follows.

[Along with the reasoning of the judgment below, the summary of the facts constituting a crime and evidence recognized by this court is added to the first head of the judgment below's criminal facts and the summary of the evidence. "The defendant was sentenced on August 9, 2018 to six months of imprisonment for a crime of fraud in the Goyang Branch of the Jung-gu District Court for the purpose of fraud, and the judgment became final and conclusive on November 16, 2018." In the last part of the evidence, "1.................... court's decision: court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's Decision 2018No2373)," and it is identical to each corresponding column of the

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The reasons for sentencing exemption from punishment under the latter part of Articles 37 and 39(1) of the Criminal Act are as follows: (a) the Defendant has repeatedly been punished several times by fraud; and (b) the fact that the damage has not yet been restored to the trial is disadvantageous to the Defendant.

However, this shall not apply.