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(영문) 서울중앙지방법원 2016.06.17 2015노4659

사기등

Text

Of the judgment of the court of first instance, the crimes of order 6 of the list of crimes listed in the judgment of the court below and the crimes listed in Articles 2 through 4 of the judgment of the court below.

Reasons

1. The gist of the appeal is heavier than the original sentence.

2. Determination

A. Ex officio decision (the part concerning the crimes of order 1 to order 6 of the annexed crime No. 1 of the judgment of the first instance court and the crimes of Articles 2 through 4 of the annexed crime No. 1 of the judgment) This court tried at a concurrent examination of each appeal case against the judgment of the court below. The crimes of order 1 to order 6 of the annexed crime No. 2 and 4 of the annexed crime No. 1 of the judgment of the first instance court, and the crimes of decision No. 2 and 2 of the judgment of the court below among the crimes No. 1 of the annexed crime No. 1 of the judgment of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act and should be punished as a single sentence within the scope of the punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act.

B. There is no change of circumstances that may be considered in the sentencing after filing an appeal (as to each crime listed in Order 1 or 5 of Schedule 1 to Schedule 5 among crimes listed in the Judgment of KRW 1) regarding the determination of unfair argument of sentencing, and considering the circumstances and the conditions of sentencing specified in the reasoning of sentencing, including equity in the case of concurrent crimes between the previous conviction of the judgment of the court below and the latter part of Article 37 of the Criminal Act, as stated in the judgment of the court below, and at the same time, the sentencing is not deemed unfair.

3. In conclusion, the judgment of the court below is reversed and the judgment of the court below is reversed, and the judgment of the court below is reversed, and the judgment of the court below is reversed, and the judgment of the court below is remanded, and the judgment of the court below is remanded, and the judgment of the court below is remanded as follows.

The defendant's appeal against each of the crimes listed in order 1 to 5 of the list of crimes in attached Form 1 among the crimes listed in the judgment of the first instance court is dismissed as there is no ground for appeal.

[Re-written judgment] The summary of facts constituting an offense and evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense; Article 109(1) and Article 36 of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each sentence of imprisonment;

4. Aggravation of concurrent crimes.