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(영문) 창원지방법원 2014.02.18 2013노1233

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. The first head of the facts charged in the instant case, which was examined ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio, and the prosecutor, which was the first head of the facts charged in the instant case, “the Defendant was sentenced to one year to imprisonment with prison labor at the Changwon District Court on May 2, 201

6. 28. The above judgment became final and conclusive

“” In addition, the applicable provisions of Articles 37 (1) and 39 (1) of the Criminal Act apply for the amendment of a bill of indictment, and this Court changed the subject matter of adjudication upon permission. As such, the judgment of the court below is no longer upheld. 3. In conclusion, the court below did not decide on the grounds for the appeal of the defendant on the grounds for ex officio reversal. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the summary of the facts and evidence recognized by the court are as follows. The first head of the judgment of the court below on May 2, 2013 in the first head of the crime column of the judgment of the court below. "The defendant was sentenced to one year of imprisonment with prison labor for the crime of fraud, crime of

“1. Pursuant to Article 369 of the Criminal Procedure Act, the summary of the evidence is the same as the statement in each corresponding column, except for addition of “1. Before the judgment,” written inquiry of criminal records, etc., a copy of each written judgment, and a subsidiary to the agreement of the case.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (the fraud point, the choice of each fine), and Article 366 of the Criminal Act (the point of causing damage to property and the choice of fines) concerning criminal facts;

2. The latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes (the crimes of this case and the judgment thereof, the crime of fraud, the crime of interference with business, the crime of obstruction of performance of official duties, the crime of

3. Article 37 of the Criminal Code among concurrent crimes.