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(영문) 인천지방법원 2014.05.02 2013노3813
사기
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for a year and the second instance court: imprisonment with prison labor for a period of six months) of the lower court 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 this court decided to concurrently deliberate on each of the above appeals cases. Each of the offenses in the judgment of the court below against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a single punishment shall be sentenced within the scope of the term of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act.

In this respect, the judgment of the court below against the defendant was no longer maintained.

3. If so, the judgment of the court below is based on the above reasons for reversal of authority. Thus, without examining the defendant's assertion of unfair sentencing, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent offenders, even though the Defendant had been sentenced several times to a fine and a suspended sentence for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the Defendant’s sentence of sentence against the Defendant is inevitable in light of the following: (a) the Defendant committed the instant fraud twice or repeatedly; (b) the amount obtained by deception against the victims exceeds KRW 130 million in total; and (c) the victims have not taken additional measures to recover from damage, in addition to the repayment of KRW 25 million to the victim F.

(b).

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