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(영문) 서울고등법원 2014.06.20 2014노819
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below and the judgment of the court below are all reversed.

Defendant No. 2-A of the judgment of the first instance.

each. of this section.

Reasons

1. Summary of grounds for appeal;

A. In calculating the amount of the defraudedation of the victim K of the crime No. 1 of the judgment of the court below as stated in the judgment of the court below, the defendant should be excluded from the amount that the defendant returned to the victim. In that case, the amount of the defraudedation is not more than 1,034,750,000 won, but not 340,550,000 won. Therefore, this part should be based on the general fraud rather than the violation of the Act

B. Each sentence of the lower court on the Defendant’s unfair sentencing (the imprisonment of April and the imprisonment of three years, and the imprisonment of the second instance judgment) is too unreasonable.

2. Article 2-A of the Judgment of the first instance court

Before the judgment of the court below on the grounds for appeal as to each of the crimes in question and each of the crimes in the judgment of the court below in question, this court decided ex officio prior to the judgment of the court below on the grounds for appeal as to the first and second crimes in question.

Since each offense of this Act and each offense of the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, a single sentence shall be determined within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act, and this part shall be reversed.

3. Each of the crimes and No. 1, 3, and 4 of the judgment of the court of first instance as well as No. 2-B of the judgment.

judgment on the crime

A. As to the assertion of misapprehension of the legal doctrine, the Defendant alleged the same as the grounds for appeal in the first instance judgment, and Article 2-2 of the judgment of the first instance court’s judgment on the assertion of the Defendant and the defense counsel

The judgment of the court of first instance is justified in light of the evidence duly adopted and examined by the court of first instance. Thus, this part of the defendant's assertion is without merit.

B. Although the extent of damage caused by the Defendant’s crime in this part of this part of the allegation of unfair sentencing is not negligible, the Defendant is the victim of the crime of fraud in Article 3 of the judgment of the first instance court.

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