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(영문) 청주지방법원 2021.03.18 2020노1198
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The main point of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant is too unreasonable.

2. Ex officio determination

A. On December 23, 2020, the prosecutor had been sentenced to imprisonment with prison labor for eight months in the Cheongju District Court’s Chungcheong support, and the judgment on December 31, 2020 became final and conclusive on December 31, 2020.

The judgment of the court below is no longer able to maintain, as it stated in the above, that the application for amendment to Bill of Indictment was filed, and that the judgment was changed by this court's permission.

B. According to the evidence duly adopted and examined by the court below and the court below, the defendant was sentenced on December 23, 2020 to a Cheongju District Court Assistance on December 23, 2020, which was after committing the crime of fraud as indicated in the judgment below, and the judgment became final and conclusive on December 31, 2020. Since both fraud and the above final judgment in the judgment of the court below are crimes committed prior to the final and conclusive judgment, the above final judgment in the judgment of the court below shall be deemed to be crimes committed prior to the final and conclusive judgment. Since the crime of fraud and the above final and conclusive judgment in the judgment of the court below are concurrent crimes with Article 37 of the Criminal Act after the judgment of the court below at the same time in accordance with Article 39 (1) of the Criminal Act, the defendant shall be sentenced to imprisonment with prison labor for not more than 208Do209, Oct. 23, 2008 (see, 2008.).

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