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(영문) 서울남부지방법원 2019.05.10 2018노1062

사기등

Text

The part of the judgment of the first instance and the judgment of the second instance against Defendant A shall be reversed, respectively.

Defendant

A shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles (the second judgment of the court below), among the withdrawn funds entered in the court below, the amount of KRW 3 million from the AI bank's name dong Financial Center and KRW 3 million withdrawn from the NF bank's name dong Financial Center does not have been withdrawn by the defendant. Although the defendant did not support the criminal liability as an accomplice, the court below found the defendant guilty of the charge of fraud, there is an error of law by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment. 2) The court below's decision of unfair sentencing (the court below's decision 1: 1.2 months of imprisonment, confiscation, and 2 months of imprisonment) is too unreasonable

B. Defendant B (the judgment of the court of first instance on the grounds of unreasonable sentencing)’s imprisonment (six months of imprisonment, confiscation) is too unreasonable.

C. The prosecutor (misunderstanding of facts against the judgment of the court below of the second instance) recognizes that the defendant A received the check card from the defendant B from the defendant B.

Therefore, the judgment of the court below which acquitted Defendant A of the fact that Defendant A was not delivered with BB's physical card from the name omitted, but was delivered with BB's physical card from Defendant B, and the judgment of the court below which acquitted Defendant B of the fact.

2. Ex officio determination

A. The judgment of the court of first and second instances against Defendant A rendered each of the judgment below and the judgment of the court of second instance filed an appeal against each of the above two appeals cases. The court of first and second instances decided to hold concurrent hearings. Since the crimes of the court of first and second instances against Defendant A are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence pursuant to Article 38(1) of the Criminal Act, the judgment of the court of first and second instances against Defendant A cannot be maintained as they are.

B. In addition, with respect to the facts charged against Defendant A among the judgment of the court of the second instance at the trial, the prosecutor listed the following 3-A.

As stated in the foregoing paragraph, an application for permission to amend a bill of amendment was filed, and the trial is urgent.