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(영문) 서울중앙지방법원 2016.12.15 2016노2663
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

Automobiles of subparagraph 1, seized evidence.

Reasons

1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for a period of two years and six months, and the second instance court: imprisonment with prison labor for a period of three years) of each lower court is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

This Court held the appeal cases against each judgment of the court below concurrently and tried, and since each of the crimes in the judgment of the court of first and second instance against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the first and second court, which separately determines punishment for each of the above crimes, is no longer able to be maintained in this respect.

3. As such, each court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and evidence against the defendant recognized by the court is identical to 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. Relevant provisions of the Criminal Act concerning criminal facts, Article 347(1) of the Criminal Act that prescribes the choice of punishment (the point of fraud, the choice of imprisonment), Articles 225 and 30 of the Criminal Act, Articles 229 and 225 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Each of the instant cases where: (a) recognizing and opposing one’s mistake is favorable to the reasons for sentencing under Article 48(1) of the Confiscation Criminal Act; (b) deceiving several victims into several methods; and (c) deceiving them into a total of KRW 370 million; and (d) forging a large amount of money exceeding KRW 370 million; and (e) forging a construction document.

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