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(영문) 광주고등법원 2015.04.09 2013노496
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for four years, the second judgment: imprisonment with prison labor for two years and six months, and the third judgment: imprisonment with prison labor for three years) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below that the defendant filed an appeal was consolidated and tried in the trial. The criminal facts of each judgment of the court below against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed. Thus, each judgment of the court below against the defendant cannot be maintained any more.

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

Criminal facts

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

Application of Statutes

1. Article 231 of the Criminal Act and Article 231 of the Criminal Act (the use of each private document and each private document selection), Articles 234 and 231 of the Criminal Act (the use of each private document, each of the exercise of imprisonment), Article 214(1) of the Criminal Act (the use of each falsified securities) and Article 217 of the Criminal Act (the use of each forged securities) and Article 347(1) of the Criminal Act (the use of each fraud against victim L, Korea Venture, each of the use of each fraud, each of them), Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act (including each fraud against the promotion of Korean culture of the victim corporation), Article 3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, and Article 214(1) of the Criminal Act, each of the Korean fraud books.

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