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(영문) 인천지방법원 2014.04.11 2013노3310
사기등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the grounds for appeal (the first instance court: the imprisonment of 10 months and the second instance court: the imprisonment of 3 months) of the lower court is too unreasonable; and

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and this court decided to hold concurrent hearings of each of the above appeal cases. Each of the offenses in the judgment of the court below against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a single punishment shall be sentenced within the scope of the term of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act.

In this respect, the judgment of the court below against the defendant can no longer be maintained.

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 assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged against the defendant recognized by this court and the summary of the evidence are as stated in the corresponding column of the judgment below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act. However, in the facts of the fraud of the judgment of the court of first instance, it is corrected that "However, since the above landlord entered into a lease contract with the content of the above G building 503 million won and the rent of KRW 400,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00 won."

Application of Statutes

1. Criminal facts;

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