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(영문) 서울고등법원 2016.12.14 2016노2377
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The part of the judgment of the court below excluding the compensation order shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The summary of the grounds for appeal is the judgment of the court below (hereinafter “the first judgment”) which the court below rendered to the defendant [the District Court Decision 2014 high-ranking 197, 2016 high-priced 231, 2016 high-priced 758, 793 (Application for Compensation) (hereinafter “the first judgment”).

) : Imprisonment with prison labor for 2 years and 6 months, 2014 high-ranking 403, the same court (hereinafter “second lower judgment”).

(ii) imprisonment with prison labor: one year and two months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, prior to the judgment on the grounds for appeal, the first and second judgments were rendered to the defendant, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. Each of the crimes against the defendant in the first and second judgments was related to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

3. If so, the judgment of the court of final appeal Nos. 1 and 2 is based on the above grounds for ex officio reversal. Thus, without examining the Defendant’s assertion of unfair sentencing, all of the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is

[D.] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that a summary of the facts constituting an offense and the evidence recognized by the court and the summary of the evidence are the same as the corresponding columns of the first and second original judgments.

Application of Statutes

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act ( comprehensively including frauds against victim I), Article 347(1) of the Criminal Act ( comprehensively including frauds against victim L and B), Article 347(1) of the Criminal Act, Article 347(1) of each Criminal Act (excluding victim I, L and B, frauds against the rest of victims, and choice of imprisonment)

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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