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(영문) 수원지방법원 2016.04.20 2015노6880
사기등
Text

Of the judgment of the court of first instance, the part against Defendant A, C, and D and the part against Defendant D in the judgment of the court of second instance, respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment of the lower court (three years of imprisonment, confiscation) is too unreasonable.

B. Defendant B’s punishment of the lower court (two years of imprisonment, confiscation) is too unreasonable.

(c)

Defendant

D The punishment of the lower court (one year and six months of imprisonment, confiscation) and that of the second instance court (six months of imprisonment) are too unreasonable.

(d)

Defendant A, B, and D are punished by the lower court (Defendant A, B, and D).

Defendant

C: Imprisonment of 1 year and 6 months of probation, 2 years of probation, 240 hours of community service, confiscation) is too unfunied and unfair.

2. Determination

A. We examine the judgment ex officio on the grounds of appeal against the defendant A and the prosecutor before the judgment on the grounds of appeal against the defendant A.

According to the records, Defendant A was sentenced to six months of imprisonment for a violation of the Act on Fraud and Electronic Financial Transactions on February 3, 2016 and the judgment became final and conclusive on February 12, 2016.

Therefore, the crime of fraud and the crime of violation of the Electronic Financial Transactions Act and the crime of violation of the first instance judgment against Defendant A, which became final and conclusive and conclusive, is one of the concurrent crimes after Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of violation of the first instance judgment in consideration of equity with the case to be judged at the same time in accordance with Article 39(1) of the Criminal Act. In this respect, the part of the judgment of the first instance judgment against Defendant A cannot be maintained as it is.

B. We examine ex officio the judgment of the defendant D and the prosecutor on the grounds for appeal against the above defendant.

Defendant

Article 38(1) of the Criminal Act provides that a single sentence shall be imposed in accordance with Article 38(1) of the Criminal Act on the grounds that the first and second judgments of the court below regarding D are rendered, and that the defendant filed an appeal against the second and second judgments of the court below, and this court also decided to hold concurrent hearings of each of the above appeals cases. The first decisions of the court of first and second trials against the defendant D are related to concurrent offenses under the former part of Article 37 of the Criminal Act, and each of the offenses against the second decisions of the court of first and second trials against the defendant D are related to concurrent offenses under Article 38(1)

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