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(영문) 서울남부지방법원 2021.01.19 2020노1618

사기등

Text

All of the judgment of the court below except for a compensation order shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Improper sentencing (the first instance court: Imprisonment with prison labor for a period of four years and the second instance: imprisonment with prison labor for a period of one year);

2. The Defendant appealed against each judgment of the lower court, and this court decided to hold a joint hearing on the appeal case.

However, in each judgment of the court below against the defendant, each crime which found the defendant guilty is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act. Thus, each judgment of the court below cannot be maintained as it is.

3. Each judgment of the court below on the ground that the above reasons for reversal of the defendant's ex officio are reversed, without examining the defendant's unfair argument of sentencing, all of the judgment below except the compensation order among each order of the court below is reversed, and the judgment below is again decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are identical to the facts stated in each corresponding column of the judgment below, thereby admitting them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 246(2) and Article 246(1) (the point of habitual gambling) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances favorable to the reasons for sentencing under Articles 25(1) and 31(3) of the Act on Special Cases concerning the Application for Compensation Order and the Promotion, etc. of Legal Proceedings for the Declaration of Provisional Execution: A person voluntarily surrenders to an investigation agency; the recognition of a crime; the fact that there is no previous criminal record; the victim has partially repaid the damage to one of the victims; and some victims have made efforts to repay: The fact that it is not good to form a crime by deceiving a large number of victims in intelligence and planned ways using their professional characteristics; the amount of damage is large; and the money acquired through deception is used as funds for habitual gambling crimes.