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(영문) 대전지방법원 2015.04.02 2014노3292
사기등
Text

The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (the crime committed by the Defendant in collusion with G and H (former U), not committed a fraudulent act, but committed a fraud in collusion with G and H (former U), 1 through 48, 51 through 62, 64, 2014, 2014, 2014, 2014, 2733, 1 through 48, 51 or 60, 2014, 2014, 273, 1 through 48, 51 or 60, 200, 2014, 200, 2014, 200, 2014, 200, 2014, 2014, 273, 2014, 51 or 60, 2003, 203, 203, 616, 616, 64, 2016).

B. Each sentence of unfair sentencing (Article 1: 3 years and 6 months of imprisonment and fine of 300,000 won, imprisonment of 2:2 months of imprisonment) by the court below is too unreasonable.

2. Determination

A. The court of the trial ex officio rendered a decision to jointly examine each of the appeals cases against the defendant by the court below.

The judgment of the court below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should simultaneously be sentenced to a single punishment within the scope of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

However, even if the judgment of the court below has such reasons for reversal of authority as above, the defendant's assertion of mistake is still subject to the judgment of this court.

B. In a case where two or more persons on the Defendant’s assertion of mistake of facts are co-offenders who jointly process a crime, the conspiracy is not required under the law, but is only a combination of two or more persons to jointly process a crime and realize a crime, and the conspiracy of intent is established if the two or more persons conspired to realize the crime in a successive or secret manner.

To the extent that such an invitation has been made.

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