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(영문) 수원지방법원 2014.04.03 2014노347
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. We examine ex officio the judgment of the court below on the assertion of unfair sentencing by the defendant and the prosecutor on the punishment (six months of imprisonment and two years of suspended execution).

In the statement of grounds of appeal, the defendant argued that he denies the criminal intent by deception, but he withdrawn it on the first trial date.

According to the records, the Defendant, who retired from the Suwon District Court as of August 31, 2010, was sentenced to two years of suspension of execution on June 29, 201 to the violation of the Labor Standards Act due to nonperformance of the duty to liquidate money and valuables to workers who retired from the Suwon District Court as of June 201, and the judgment becomes final and conclusive on January 20, 2012 (hereinafter “first prior conviction”), and (1) the violation of the Labor Standards Act due to nonperformance of the duty to liquidate money and valuables to workers who retired from the said district court on August 201, (2) the Defendant violated the Labor Standards Act due to nonperformance of the duty to liquidate money and valuables to workers who retired from the said district court from August 201 to December 21, 201, (3) the Defendant violated the said Act by being sentenced to imprisonment with labor on June 25, 201, and (4) the said Defendants violated the Labor Standards Act (excluding the said duty to liquidate money and valuables to workers who retired from the said district court on July 2131, 20, respectively.

According to the above facts of recognition, the crime of fraud of this case is committed by the crimes committed before the judgment of the first criminal records and the second criminal records and the second criminal records before the final judgment of the court, and thus, the crime of fraud of this case is committed by the latter part of Article 37 of the Criminal Act, so the judgment shall be rendered simultaneously in accordance with

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