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(영문) 부산지방법원 2017.03.10 2016노2697

사기

Text

The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment with prison labor for a period of not less than six years and five months.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 5 years, and imprisonment with prison labor for 2 years) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Since each of the offenses the judgment of the court below issued is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above offenses cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act with the part of the judgment of the court of first instance regarding the defendant and the judgment of the court of second instance, without examining the defendant's improper assertion of sentencing, on the grounds that the judgment of the court below is reversed ex officio as seen above, and it

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court is as follows: (a) the “B” column of the remittance account column of Nos. 3 through 6, 8 through 16 in the column of the judgment of the original court is the same as the corresponding column of the judgment of the court below, except that the respective remittance accounts of No. 2 through No. 3, 6, and 16 in the column of the judgment of the original court is different from the corresponding column of the court below; and (b) thus, it is cited in accordance with

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense (with respect to each victim, each victim shall be punished by imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in a crime of fraud against AB, the largest penalty for concurrent crimes);

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. The reason for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., of Sentence of Provisional Execution, is that the defendant confessions all the crimes and repents his mistake, and is punished once by a fine.