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(영문) 광주지방법원 2013.09.11 2013노671
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. In light of the following: (a) the Defendant and his defense counsel (unfair form of punishment) made a confession of all the facts charged in the instant case and reflects his depth; (b) the Defendant committed the instant crime because it was difficult for him to live; and (c) the Defendant shall be sentenced to a single punishment after a concurrent examination of each of the facts charged in the judgment of the lower court; and (d) each of the punishments of the first, second, fourth, and fourth, which sentenced six months of imprisonment, is too unreasonable.

B. The sentence of the judgment of the court of the fourth instance that sentenced six months to imprisonment is too unfeasible in light of the following: the prosecutor (unfair form of punishment) could have identical criminal records to the defendant; the method of the accused’s fraudulent act is diverse; and the damage has not been recovered.

2. Before the judgment of the court below on the above ground of appeal as to the above ground of appeal ex officio is examined, and as each of the cases of the judgment below appealed by the defendant, each of the crimes in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be sentenced at the same time under Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more

3. According to the conclusion, 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 after the pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence are as shown in 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. The relevant legal provisions on criminal facts and Article 347(1) of the Criminal Code of the choice of punishment (the fraud in the judgment of the court below 1, 2, and 4), each fraud with respect to the victim Z and AB as indicated in the judgment of the court below 3, each fraud with respect to the victim Z and AB as indicated in the judgment of the court below, and the fraud around January 14, 201 with respect to the victim W as indicated in the judgment of the court below, and Articles 347(1) and 30(3) of the Criminal Code with respect to the victim W as indicated in the judgment of the court below.

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