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(영문) 대구지방법원 2015.02.12 2014노4397
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not less than three years and two months.

10,000,000 won from the defendant.

Reasons

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the circumstance and degree of the crime, etc., the punishment sentenced by the court below (the first judgment of the court of appeal: 4 months of imprisonment: 3 years of imprisonment; 3 years of imprisonment: 4 months; 10 million won of imprisonment) is too unreasonable.

2. As the defendant filed an appeal against all the judgment of the court below, each appeal case was consolidated and tried in the court. Since each criminal facts of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, it should be ruled at the same time and sentenced to a single punishment.

In this respect, the judgment of the court below is no longer maintained.

3. As seen earlier, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s respective arguments of unfair sentencing, and the judgment below is reversed in its entirety, 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 as stated in each corresponding column of the 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 and Articles 347(1) and 30 (the fraud against the victim Hyundai Capital Co., Ltd. and AJ, and fraud against the victim AS) of the Criminal Act, Article 347(1) of the Criminal Act (the fraud of the money), Article 111(1) of the Attorney-at-Law Act (the violation of the Attorney-at-Law Act), and each choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated offenders (as to the fraud of victim X and violation of the Attorney-at-Law Act);

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

1. The reason for sentencing Article 116 of the Attorney-at-Law Act is that the defendant recognizes all of the crimes is favorable to the defendant.

However, the defendant is a number of victims.

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