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(영문) 서울고등법원 2013.05.08 2012노3102 (1)

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment of the court below is reversed.

As to the crime No. 1 in the judgment of the defendant, the crime No. 2 in the judgment of the court shall be sentenced to two years and six months.

Reasons

1. Summary of grounds for appeal;

A. 1) The lower court found the Defendant guilty on the grounds of the statement in W without credibility, even though the Defendant was not involved in the opening and operation of the L station. 2) The ordinary petroleum was also sold in L station. While the total quantity and total sales amount of pseudo petroleum sold in L station and pseudo petroleum sold in L station are not limited to pseudo petroleum, the lower court recognized the total sales amount and sales amount as the total sales amount and sales amount of pseudo petroleum as the sales amount and sales amount of pseudo petroleum.

B. 1) The defendant's crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Petroleum and Petroleum Substitute Fuel is a crime of violation of the Seoul High Court 2010No1066 (Fraud) and the latter concurrent crimes of Article 37 of the Criminal Act. The court below sentenced the above crime and the crime of perjury and perjury in this case. 2) The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in this case constitutes a single comprehensive crime of violation of the Seoul High Court 2010No1066 and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Petroleum and Petroleum Substitute Fuel in this case. The defendant was sentenced to two years of imprisonment on August 12, 2010 and confirmed on September 13, 2010 and the crime in this case should be sentenced to a final judgment prior to May 8, 2010.

3. It cannot be deemed that the facts charged of fraud are specified because who is the victim of fraud is not specified except for the victim AE.

C. The lower court declared the Defendant on the grounds of unfair sentencing.