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(영문) 제주지방법원 2020.04.23 2019노943
사기등
Text

All of the first and second original judgments shall be reversed.

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

seizure.

Reasons

1. The judgment of the court below against the defendant of the summary of the grounds for appeal (the first judgment of the court below: 2 years of imprisonment and 3 months of imprisonment) is too unreasonable.

2. Each of the first and second original judgments against the defendant for ex officio judgment was pronounced, and the defendant filed an appeal against each of the above two appeals cases, and this court decided to hold concurrent hearings. Each of the crimes of the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to one sentence pursuant to Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained as they are.

3. If so, the judgment of the court of first and second trials on the grounds of an ex officio reversal as seen above is reversed under Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing. The judgment of the court of first and second trials are all reversed, and it is again decided as follows after pleading.

【Reasons for the Judgment in 2019Da1960 of the first instance court’s summary of criminal facts and evidence, the phrase “1. Records of seizure and list of seizure” is added to the summary of the evidence of the second instance judgment. Of the summary of the evidence of the second instance judgment, the phrase “the details of transactions of association” of the 7th instance judgment is the same as the corresponding column of the first and second lower court’s judgment, except where “the details of transactions of association” of the 7th instance judgment as “the details of account transactions.” Thus, it is cited as it is in accordance with Article 3

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act for the crime concerned and the choice of punishment (based on frauds and each victim’s choice), Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Articles 352 and 350(1) of the Criminal Act for the purpose of committing a crime (the attempted crime and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (a punishment provided for in a crime of fraud against victim D, the largest punishment and penality of which are prescribed);

1. Confiscation Article 48 of the Criminal Act

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