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(영문) 광주지방법원 2018.07.25 2017노4440
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (the first instance court: the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, the community service order of 160 hours and the second instance: the imprisonment of ten months) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the first and second judgments were rendered to the Defendant, and the Defendant filed an appeal against them, respectively. This court decided to hold a joint hearing of the above two appeals cases. Each of the crimes of the first and second judgments against the Defendant in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained as it is, since it is a single sentence under Article 38(1) of the Criminal Act, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts of the crime recognized by this court and the summary of the evidence thereof are the facts of the crime of the first judgment and the summary of the evidence indicated in the second to 8-9 of the facts of the crime of the first judgment, which are stated in the part of " Samsung Gallon S6 mobile phone (F)" as "F 16,858,010 won" described in the first behavior of Samsung Gallon L. Samsung L. 6 mobile phone (F) among the facts of the crime of the second judgment, and "16,853,010 won" described in the second judgment as "16,853,010 won" listed in the second judgment, and "16,853,010 won" described in the second judgment below as "1 to 9,853,010 won" described in the second judgment as "16,853,010 won at the bottom of the highest judgment in the list of crimes of the second judgment, as they are stated in each corresponding criminal case 96 column of the lawsuit Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts (including frauds and frauds with respect to the victim corporation) and each criminal law regarding the choice of punishment.

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