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(영문) 서울남부지방법원 2015.05.21 2015노294

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the court below on the defendant is too unreasonable.

2. Before the judgment on the grounds for appeal by the defendant was made, according to the defendant's legal statement in the trial court, the defendant was sentenced to a suspended sentence of 8 months for fraud at the Seoul Southern District Court on February 24, 2011 and 2 years for a suspended sentence of 8 months for fraud.

3.4. The above judgment was finalized, and on April 29, 201, the Seoul Southern District Court sentenced to a suspended sentence of two years for a period of ten months in the event of fraud.

5.7. It can be recognized that the above judgment became final and conclusive. As such, each of the crimes for which judgment became final and the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment of this case shall be determined after examining whether to reduce or exempt punishment, taking into account equity with the case to be adjudicated at the same time, pursuant to Article 39(1) of the Criminal Act. Thus, the

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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

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 latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of this case as indicated in the record, such as the amount of damage on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the amount of damage not recovered, the record of the crime, and the motive and means of the crime of this case, and the circumstances after the crime, are all the conditions of the sentencing of this case