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(영문) 서울중앙지방법원 2014.06.20 2013노4282
사기
Text

The judgment of the first instance is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., 2.5 million won) of the first instance court is too unreasonable;

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to two years of imprisonment by the Seoul Central District Court on June 26, 2008 due to a violation of the Punishment of Violences, etc. Act (joint coercion) at the Seoul Central District Court on November 14, 2008, and the judgment became final and conclusive on November 14, 2008. The crime for which the above judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, taking into account equity with the case where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act. Thus, the first instance judgment

[In addition, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at an Ansan Branch of the Suwon District Court on October 11, 2012, and the judgment became final and conclusive on February 22, 2013. However, the crime of violation of the Act on the Control of Narcotics, etc., which was committed from around December 2, 201 to June 2012, 201 after the final and conclusive judgment of the judgment became final and conclusive, is obvious to this court. Thus, the crime of the above criminal record was not judged concurrently with the crime of this case. Thus, even if the first instance court declared a sentence without considering it, it cannot be deemed that the Defendant violated Article 39 (1) of the Criminal Act even if it was sentenced without considering it (see Supreme Court Decision 2008Do209, Oct. 23, 2008). 3.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is "the first head of the facts charged on the grounds of the judgment of the court of first instance" in Seoul Central District Court on June 26, 2008.

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