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(영문) 서울서부지방법원 2014.08.22 2014노571

사기등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

3. Provided, That for three years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one and half years of imprisonment) is too unreasonable;

2. Prior to the judgment on the grounds for appeal ex officio, the case is examined and seized, and the reasons for return to the victim are clear shall be returned to the victim by the judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly admitted and examined by the court below, 50,00 won paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper

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 the judgment below is reversed and it is again decided as follows.

Punishment of the crime

Since the facts charged by this court are the same as the corresponding column of the judgment of the court below, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A copy of each police statement made to I, D, Q, L, M, N, andO;

1. Written statements of R and R, and written appeals of Q Q;

1. A copy of a preliminary statement or a copy of a petition;

1. Seizure records;

1. Investigation reports (victim's R telephone conversations) and investigation reports (A Account Analysis Data);

1. Application of Acts and subordinate statutes, such as a certificate of confirmation of a national bank (P), NAVR, video materials, certificate of transaction, each tax invoice, measurement certificate, each tax invoice, seized card photograph, the details of prize release transactions, and a copy of the certificate of confirmation;

1. Criminal facts;