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(영문) 광주지방법원 2020.12.08 2020노928
사기등
Text

The defendant case portion of the first judgment and the second judgment shall be reversed in entirety.

Defendant shall be punished by imprisonment for a period of one year and eight months.

Reasons

1. The summary of the grounds for appeal (in the case of the first judgment: imprisonment with prison labor for a year and June, and the second judgment: imprisonment with prison labor for a period of three months) of the lower court is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The first and second original judgments were sentenced to the defendant, and the defendant filed an appeal respectively, and this court decided to jointly examine the above two appeals cases.

The crime of each judgment of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the above judgment of the court below cannot be maintained as it is, since it is the concurrent crimes under Article 38 (1

3. AP, an application for compensation by this court, which is an application for compensation of AP and AT, has filed an application for compensation to the effect that the payment of 463,800 won by fraud and that the AT, which is an application for compensation by this court, sought payment of 705,000 won by fraud.

The defendants recognize all criminal facts, and do not dispute each amount of application for compensation.

Therefore, the defendant has a duty to pay 463,800 won by fraud to AP who is the above application for compensation, and 705,000 won by fraud to AT who is the above application for compensation.

4. The part of the judgment of the court of first instance concerning the defendant's case and the part of the judgment of the court of second instance on the grounds of the above ex officio reversal, without examining the defendant's assertion of unfair sentencing, all of the part of the judgment of the court of first instance and the judgment of the court of second instance among the judgment of the court of first instance under Article 364 (2) of the Criminal Procedure Act are reversed, and the application for compensation by AP and AT, which are the application for compensation of this court, are justified, and all of them shall be accepted under Articles 25 (1) 1 and 31 (3)

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: "The sum of the part of "2019 order5282" among the facts constituting an offense in the first instance judgment.

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