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(영문) 서울고등법원 2018.07.19 2017노560
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Each judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and nine months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by each court below (the first instance court: two years; imprisonment with prison labor for one year; imprisonment with prison labor for three years; imprisonment for two months; imprisonment with prison labor for two months); and the defendant and the defense counsel explicitly withdraw the grounds for appeal other than unfair sentencing against the judgment of the court of first instance on the date of the eighth trial of the first instance.

2. Prior to the judgment on the grounds for appeal against each judgment of the court below on official authority, each judgment of the court below is merged with the first instance court, and each of the crimes in the judgment of the court of first instance and the crimes in the judgment of the court of second instance in the judgment of the court of second instance in the judgment of the court of second instance, and the crimes in the judgment of the court of third instance in the judgment of the court of third instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and the crimes in the judgment of the court of third instance must be sentenced to a single sentence within the scope of the punishment for aggravated crimes under Article 38(1) of

3. As such, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the defendant's grounds for reversal ex officio.

【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act (including the fraud of the first instance judgment), Article 347(1) of the Criminal Act (including the fraud of the first instance judgment), and Article 347(1) of each Criminal Act (the remainder of each fraud as indicated in the judgment, and Article 1-C of the first instance judgment).

Each fraud in each paragraph shall be covered by each paragraph, and each fraud in the judgment of the second instance shall be covered by each victim, including the fraud in the judgment of the third instance.

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