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(영문) 창원지방법원 2020.06.04 2020노1
사기등
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) imposed by the court below on the defendant is too unreasonable.

2. The indictment shall be regarded ex officio before determining the grounds for appeal by the defendant.

In the case of paragraph (1) 18 of the facts charged in this case, the prosecutor applied for amendments to the indictment with the purport of "transfer of KRW 7,000,000 ( KRW 4,666,667, the share of the State, KRW 2,333,333)" to the effect that "The prosecutor transferred KRW 7,00,000 ( KRW 4,666,667, the share of the State, KRW 333,33,33)" in the part of paragraph (1) of the indictment in this case.

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

[Along with the reasoning of the judgment of the court below, the summary of criminal facts and evidence recognized by the court below is changed to "7,00,000 won (the part pertaining to the State's share 4,66,667 won, the part pertaining to C's share 2,333 won)" in one of the two pages of the judgment of the court below. The summary of criminal facts and evidence admitted by the court below was changed to "7,00,000 won (the part pertaining to the State's share 4,66,667 won, the part pertaining to C's share 2,33,333 won)" and the summary of the judgment of the court below is the same as the corresponding part of the judgment of the court below except for the change to "1. The defendant's partial statement"

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347-2 of the Criminal Act and Article 347-2 of the Criminal Act, and the selection of fines for negligence;

1. Of concurrent crimes, the provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with the punishment prescribed in the crime of fraud by use of computers, etc., dated March 30, 2016), among concurrent crimes;

1.A fine of 1.5 million won to be suspended.

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