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(영문) 서울중앙지방법원 2014.04.03 2013노4264
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Attached Forms 1 through 3 and 4 of seized evidence.

Reasons

1. The summary of the grounds for appeal is unfair because of the following: five years of imprisonment imposed by the court below on the defendant, and the sentence of confiscation is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

The lower court, applying Article 48(1)1 of the Criminal Act, forfeited the passbooks referred to in subparagraph 4, which were seized, from the Defendant.

In order to be forfeited as "goods provided or intended to be provided for an act of crime" under the above provision, they must be those provided or intended to be provided for an act of crime.

However, there is no evidence that the court below's entries in the passbook No. 4, which was confiscated by the defendant, other than those subject to the Attached Confiscation, are those provided or intended to be provided in the criminal acts that the court below found guilty.

Nevertheless, since the court below confiscated the above articles from the defendant, it erred by misunderstanding the facts or by misunderstanding the legal principles on confiscation, which affected the conclusion of the judgment, so the judgment of the court below cannot be maintained any more.

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

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: the "owner (DV mother)" as stated in the column of No. 7 of the annexed Table of Crimes (1) shall be deemed as the "owner"; and the "86,000,000" as stated in the annexed Table of Crimes (2) shall be deemed as "86,00,000 (including credit loan 20,000,000)" as stated in the annexed Table of Crimes (2) and the summary of the evidence shall be as stated in the corresponding column of the judgment of the court below, except for the addition of "1. Investigation Report (5185, investigation record)" as stated in the annexed Table of Crimes (2) to "owner", and it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;

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