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(영문) 서울중앙지방법원 2016.04.01 2015노4563
사기등
Text

Of the judgment of the first instance, the part of the judgment against the Defendants is reversed.

Defendants shall be punished by imprisonment with prison labor for up to three years and four months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the circumstances leading up to and degree of participation in the instant crime, the Defendants’ criminal records and money invested therein, and certain victims do not want to punish the Defendants. In light of the fact that some victims do not want to punish the Defendants, each sentence of the first instance judgment against the Defendants (Defendant A: imprisonment of three years and six months, confiscation, and Defendant B’s imprisonment of three years and six months).

2. Prior to the judgment on the grounds of appeal by the Defendants ex officio, the Prosecutor applied for changes in the indictment with respect to the contents of withdrawal of the victim D No. 6 from the “Attachment List of Crimes” in the judgment of the court. Since the subject of the judgment was changed by the court, the judgment of the first instance cannot be maintained any longer.

3. According to the conclusion, without further proceeding to decide on the grounds for appeal by the Defendants, the judgment of the first instance court ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act shall be reversed, and the following judgment shall be rendered again through pleading.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence admitted by the court are as follows: Defendant B among the facts charged in the judgment of the court of first instance, the order of 2015 to 2655, the order of 2655, the second 2, and the second 3922, the order of 2015.

1. A. and 2. At the end of each end of each paragraph, each part of the end of each paragraph “1.965.4 million won in total from 87 persons” shall be deemed to be “a total of 1.947.8 million won in total from 86 persons,” and “attached Table 1” shall be deemed to be the corresponding column of each judgment of the first instance except for the case where “attached Table 1” is deemed to be the same as “attached List of Crimes”, and thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act (the point of fraud), Article 6(1) and Article 3 of the Act on the Regulation of Similar Receiving Acts, Article 30 of the Criminal Act (as a whole, the point of similar receiving acts), and Article 10 of the Criminal Act, respectively, of the choice of punishment for the crime.

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