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(영문) 대전지방법원 2016.01.14 2015노2728
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

1. The summary of the reasons for appeal (unfair sentencing) of the original judgment (in the first instance judgment: imprisonment with prison labor for 2 years, and imprisonment for 4 months) is too unreasonable.

2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.

Each crime recognized by the lower judgment is in a concurrent relationship under the former part of Article 37 of the Criminal Act with each other, and thus, a single punishment shall be sentenced within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. 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 about the sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraud point), Article 231 of the Criminal Act (the alteration of private documents), Articles 234 and 231 of the Criminal Act, Article 323 of the Criminal Act, Article 323 of the Criminal Act, the choice of imprisonment for each of the following reasons:

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes reach approximately KRW 180 million, by deceiving the victims who are lessees, as a security deposit for lease. The meaning of the security deposit for lease, or the degree of economic damage that the victim N, P, and Q, as the main owner of the building, has been recognized to have entered into a valid obligatory lease contract with the Defendant who was represented by K (29-48 of the trial record No. 2015 No. 2728 of the trial record), and the Defendant’s above.

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