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(영문) 울산지방법원 2015.07.03 2015노379
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant filed each appeal on the grounds that the sentence imposed by the lower court (a fine of KRW 10 million) is too unreasonable and unreasonable; (b) the Prosecutor filed an appeal on the grounds that the sentence imposed by the lower court is too uneasible

2. Ex officio determination of ex officio, the crime of fraud against the victim C of paragraph (1) of the judgment below and the crime of fraud against the victim F of paragraph (2) are concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the court below erred by omitting the aggravation of concurrent crimes by recognizing the whole guilty of each of the above crimes and omitting the aggravation of concurrent crimes, even though the punishment is determined within the scope of punishment imposed under Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act for the crime (to select a fine, inclusive, for each victim);

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment stipulated in a crime of fraud against C of a victim with heavier penalty);

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the sentencing of this case is that the defendant deceivings the victims who have sexually friendly relationship to use them as business funds, and the crime is not good, and the crime is not committed.

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