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(영문) 대구지방법원 2016.06.30 2015노3179

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (the penalty amounting to KRW 10 million).

2. Before determining the grounds for appeal ex officio, prior to the judgment on the grounds for appeal by authority, Article 39(1) of the Criminal Act applicable to the Defendant was examined by the prosecutor in the trial of the party, and Article 39(1) of the Criminal Act applicable to the first head of the charges, “The Defendant was sentenced to six months imprisonment with prison labor from the Daegu District Court Port Branch on June 16, 201, and the said judgment became final and conclusive on June 24, 201.

The judgment of the court below was no longer maintained inasmuch as the amendment of the Bill of Indictment was applied for the addition of “each addition,” and the subject of the adjudication was changed by this court’s permission.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts and evidence admitted by this Court and the summary of the facts and evidence are as follows: “The Defendant was sentenced on June 16, 201 to be punished by imprisonment for a term of fraud at the port branch of the Daegu District Court on 16 June 2011, and the said judgment became final and conclusive on June 24, 2011.

“A previous conviction in the judgment of the court below” is added to “a previous conviction in the judgment of the court below: 1. A criminal investigation report (report attached to the judgment, etc.)” is the same as each corresponding column of the judgment of the court below, and such report is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of the same Article as private document), Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;