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(영문) 서울서부지방법원 2016.11.17 2016노293

사기등

Text

We reverse the judgment of the court below.

The defendant is each of the crimes of the 2014 Highest 2626th 1st c, 2, and 3 of the judgment of the court of first instance.

Reasons

1. The summary of the grounds for appeal is that each of the offenses in the lower judgment (each of the offenses listed in Articles 2014 and 2626 subparag. 1-C, 2626 subparag. 1-A, 2014 and 2626No. 1-B, 2015, 295, 2015 and 2996: Imprisonment for three years and six months, and 2: 6 months) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

The judgment of the court of first instance and the judgment of the court of second instance have been sentenced to each of the above two appeals cases, and this court has made a decision to jointly examine the above two appeals cases, and the court of second instance cannot maintain the part concerning each of the offenses provided for in Article 38(1) of the Criminal Act, since the crimes provided for in the judgment of the court of first instance and the offenses provided for in Articles 2014, 2626, 2626, 26, 3 and the former part of Article 37 of the Criminal Act are concurrent offenses provided for in the former part of Article 37 of the Criminal Act, one of the offenses provided for in Article 38(1) of the Criminal Act.

B. Each of the instant frauds in the judgment of the court below regarding the allegation of unfair sentencing regarding each of the offenses in Article 2014 senior group 1-A, 2015 senior group 2626 senior group 1-b, 2015 senior group 295, senior group 2015 senior group 2996 of the judgment of the court of first instance is the victim F, L,C, E, and AG by acting in concert with the above victims as if they were married with the above victims, and let the above victims believe that they would be the defendant, and in the absence of the intent or ability to acquire money or purchase a vehicle from the above victims for various purposes, the crime is very bad, and the total amount of damage caused by each of the frauds in this part of the judgment of the court below exceeds KRW 460 million,000,000,000 for the defendant's severe punishment; the defendant was sentenced to imprisonment with prison labor on July 31, 2014; and the defendant was sentenced to imprisonment with prison labor for the above 31 year.