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(영문) 부산지방법원 2017.09.21 2017노1616
사기등
Text

We reverse the judgment of the court below.

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

Reasons

1. The sentence (No. 1: Imprisonment with prison labor; 1 year; 500,000 won with prison labor; 3 months with prison labor) imposed by each court below on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio prior to the judgment on the grounds for appeal by authority, and as each of the cases of the judgment of the court below appealed by the defendant, each of the crimes in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of

3. The judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is decided as follows through pleadings.

[Judgment used again] The summary of criminal facts and evidence against the defendant recognized by this court is identical to the corresponding column of the judgment of the court below, except for the case in which the 3th judgment of the court below ruled that "AX" was "AH" in the 3th judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) of the Criminal Act (the fraudulent point), 352, 347(1) (the point of attempted fraud) of the Criminal Act, Article 231 of the Criminal Act (the point of attempted fraud) and Articles 234 and 231 of the Criminal Act, each of the choice of imprisonment with prison labor for the crime

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing guidelines [the type of recommendation] of the category 1 (less than KRW 100 million) [the person subject to special aggravated punishment] of the type 1 (less than KRW 100 million] [the person subject to special aggravated punishment] of the same type of repeated crime [the scope of the recommended punishment] special aggravated area (one year to three years) in the case where the criminal method is extremely poor or the court is deceiving the court

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