(영문) 의정부지방법원 2018.06.14 2017노3489

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(영문) 의정부지방법원 2018.06.14 2017노3489

사기등

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The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 years of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A prosecutor shall change “539,660,000 won” as “534,210,000 won” in the last sentence of the facts charged in the case of “2017 order 3509,” and shall change “34,210,000 won” attached to the judgment of the court below as “the list of crimes (the act of receiving similar amounts)” attached to the judgment of the court below. A prosecutor requested the defendant to amend the bill of amendment with the content of adding “Article 7 of the Act on the Regulation of Similar Receiving Acts,” which is the legal provision applicable to both punishment provisions in the applicable law to the defendant. Since this court permitted this, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court and the summary thereof are identical to the facts of the judgment below, except that the 5th reduction to the 5th reduction to the 4th reduction from among the facts of the crime of law in Article 369 of the Criminal Procedure Act is the same as the facts of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Nevertheless, the Defendant, as the representative director of J, received 534,210,000 won from 78 persons, such as the list of crimes in the attached Form (the act of receiving similar amounts) and received 534,210,000 won from 78 persons, without obtaining authorization, permission, registration, report, etc. under the law, and at the same time and place as paragraph (1).

In accordance with both penalties provisions, the prosecutor.

유사 판례

-서울동부지방법원 2016.07.14 2016노485

-청주지방법원 2017.11.23 2017노1066

-부산지방법원 2016.07.07 2015노4668

-부산지방법원 2016.05.18 2015고단8483

-전주지방법원 2018.06.08 2018노224