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(영문) 수원지방법원 2015.12.04 2015노5603
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

Of the facts charged in the instant case, the victim AK.

Reasons

1. Summary of grounds for appeal;

A. Of the lower judgment by misapprehending the legal doctrine, the part of the crime of fraud against Victim AK, No. 2015Da10777, among the lower judgment, constitutes a case where a public prosecution was instituted again, and thus, the judgment of the lower court convicting the above part of the judgment is erroneous in misapprehending the legal doctrine.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination:

A. According to the records of this case regarding the assertion of misapprehension of legal principles, the prosecutor of the Suwon District Prosecutors' Office, on May 4, 2015, the Suwon District Court, "the defendant, by deceiving the defendant to find the victim AK as a civilian military employee on April 22, 2014, and by deceiving him/her to do so, and by deceiving him/her to do so, 25 million won," was prosecuted against the victim AK (No. 1-5 of the crime sight table of the original judgment) (No. 2015Da526 of the same court), and the above prosecutor, upon filing an application for consolidation of arguments with the same court on August 5, 2015, sent the above facts to the defendant's court on April 21, 2014, "the defendant acquired 25 million won by deceiving him/her as a civilian military employee of the defendant on April 22, 2014, by deceiving him/her as the defendant's 201-2501-2714.

According to the above facts of recognition, since the part of fraud against each victim AK of the Court No. 2015 Godan1077, which was the case of Suwon District Court Anyang Branch No. 2015 Godan526, is the same, the facts charged in this case are the same.

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