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(영문) 인천지방법원 2020.02.13 2019노3665
사기등
Text

The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment of 2 years and 2 months, and imprisonment of 4 months) declared by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried at a concurrent hearing of each appeal case against the judgment of the court below. Each of the offenses committed by the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus a single sentence is to be rendered pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below

3. Accordingly, the judgment of the court below is reversed ex officio the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding compensation order under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows through pleading.

[C] The summary of the facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the summary of the evidence. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for facts constituting an offense, Article 347(1) of the Criminal Act, Article 97 Subparag. 6 of the Telecommunications Business Act, the main sentence of Article 30 of the Telecommunications Business Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 25(1)1, 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Declarations of Provisional Execution [the applicant for compensation seeks to pay KRW 300,000,000,000,000,000 from the applicant for compensation, but according to the records, the defendant is only recognized to have acquired 20,000,000 won from the applicant

2. The amount of damage of the applicant for compensation at a time 96 times per annum is expressed as KRW 200,000.

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