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(영문) 수원지방법원 2014.08.08 2014노802
사기등
Text

All judgment of the court below shall be reversed.

As to the crime No. 1 of the judgment of the defendant, the crime No. 2 and No. 3 of the judgment shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal Nos. 1 and 2 (the first instance court: 2 years of suspended sentence on October 10, fines of 2 million won, fines of 3 million won, etc.) that the court below sentenced to the defendant are deemed to be too uneasible and unfair.

2. Ex officio determination (Article 4 and Article 2 of the judgment of the court of first instance as to the judgment of the court of first instance), the prosecutor filed an appeal against the judgment of the court of first and second instances and decided to concurrently examine the two appeals cases. Of the judgment of the court of first instance, the crime of Articles 4 and 2 of the judgment of the court of second instance is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of one of the concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the part concerning the crime of first and second in the judgment of the court of first instance as to the crime of first and second and the

3. The judgment on the grounds for appeal (the crime of violation of Articles 1, 2, and 3 of the judgment of the court below in the judgment of the court of first instance) was made again to commit the crime of this case of the same kind, even though the defendant had the record of being subjected to the suspended sentence for each of the crimes of fraud in May 200 and April 208

The scope of recommended sentences according to the sentencing guidelines for each of the crimes in this part shall be from 8 months of imprisonment to 3 years of imprisonment.

The Defendant forged the Seoul University graduate certificate and the certificate of certified public accountant registration to disguised his identity, married with the victim by using it, and acquired money by using his personal trust relationship.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence of the instant crime, etc., the lower court’s sentencing is too uneasable and unreasonable.

The prosecutor's above assertion is with merit.

4. In conclusion, the prosecutor's appeal against the first, second, and third crimes in the judgment of the court of first instance is with merit, and the first and second judgment of the court of first instance on the grounds of ex officio reversal, the judgment of the court below is in accordance with Article 364 (2) and (6) of the Criminal Procedure Act.

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