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(영문) 수원지방법원 2017.04.26 2017노10

사기

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (ten months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

The prosecutor changed the "total of seven households as security" to "total of KRW 187 million as security," the part of the attached crime Nos. 202 and 203 is deleted, and the total amount of the sum of the list of crimes in the above crime is "total of KRW 257 million" as "total amount of KRW 187 million," and the part of the attached crime Nos. 202 and 203 was changed to "total amount of KRW 257 million" as "total amount of KRW 187 million," and the court below was changed to "the total amount of the list of crimes in the above crime" as "the total amount of KRW 1954,000,000,000,0000". The judgment below was no longer maintained.

3. In conclusion, the part of the judgment of the court below as to the defendant is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is so decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: 17 and 18 of the judgment of the court below among the facts constituting the crime of the court below, i.e., "total of 257 million won as security for 7 households, such as the entries in the list of the second crimes" i.e., "total of 50 million won as security for 187 million won as security for a total of 5 households, such as the entries in the list of crimes in the annexed list of crimes," and the whole part of 202 and 203 of the list of crimes in the annexed list of crimes shall be deleted, and "total of 257 million won" in the aggregate of the list of crimes in the above list of crimes shall be changed to "total of 187 million won", and except for the addition of "the defendant's statement in the court of first instance" in the summary column of evidence, this shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.