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(영문) 부산지방법원 2019.06.21 2019노218
사기등
Text

All of the judgment of the court below except for a compensation order shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: Imprisonment with prison labor for August, the second instance judgment: imprisonment for June, and the third instance judgment: imprisonment with prison labor for one year) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial. Each of the crimes that the judgment of the court below rendered are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below that sentenced a separate punishment for each of the above crimes cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's ex officio grounds for reversal, and the part of the judgment below excluding the compensation order portion among the judgment below is reversed, and it is again decided as follows through pleading.

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

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Articles 347(1) of the Criminal Act, Article 360(1) of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the Defendant repeated the crime against many unspecified victims via the Internet, etc., and the sum of the frauds is not sufficient; (b) the Defendant’s liability is heavy.

The defendant did not make any effort to recover from the victims' damage.

The defendant was sentenced twice to imprisonment for the same crime, and this case is the period of repeated crime.

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