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(영문) 창원지방법원 2015.01.08 2014노448
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. The defendant asserts that each punishment sentenced by the court below (the first judgment: imprisonment with prison labor for three years, and the second judgment: imprisonment for ten months and the third judgment: imprisonment with prison labor for four months and the fourth judgment: imprisonment with prison labor for six months) is too unreasonable.

B. The prosecutor asserts that the sentence of the judgment of the court of first instance is too uneasible and unreasonable.

2. The appeal case against the judgment of the court below was consolidated when the judgment of the court below was made ex officio. Each of the crimes in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot avoid all reversal.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the argument of unfair sentencing by the defendant and the prosecutor, on the grounds of ex officio reversal. The judgment of the court below is reversed and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by this Court and summary of evidence are as stated in each corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant provisions of the Criminal Act and Articles 347(1) of the Criminal Act, Articles 356 and 355(2) of the Criminal Act, Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, the choice of punishment for the crime, Articles 356 and 355(1) of the Criminal Act, Articles 49(1)10 and 333 subparag. 4 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, respectively;

2. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is that the sum of damages to each of the instant fraud crimes is higher than 500 million won.

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