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(영문) 의정부지방법원 2018.08.13 2018노1039
사기등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) presented by the Defendant within the submission period of the written reasons for appeal from April 30, 2018 and the written reasons for appeal from May 8, 2018, the Defendant asserted that the Defendant did not have any intention to commit a breach of trust against the victim K andO among the Highest 790 Highest 2016 Highest 790, that there was no intention to commit a fraudulent act or fraud against the victim P, and that there was no intention to commit a fraudulent act or fraud with respect to the fraud against the victim AF from October 2, 2010 to June 22, 2011 from the Highest 3327 Highest 201 and December 3, 2010. However, each of the Defendant and the defense counsel asserted that there was no intention to commit a fraudulent act with respect to the fraud related to the fraud on the part of the victim AF on the date of appeal, and therefore, the aforementioned legal principles and arguments were not erroneous.

The punishment of the court below (the imprisonment of four years and six months, and the collection of penalties) is too unreasonable.

2. An ex officio decision-making prosecutor added the records of the offense to the defendant and applied the law to apply for changes in the indictment to add "Article 37 and Article 39 (1) of the Criminal Act" to "Article 39 (1) of the Criminal Act," and the judgment of the court below is no longer maintained since the subject of the judgment was changed by permitting it.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by this court are all criminal facts of the judgment below, and the judgment of the court below became final and conclusive on August 3, 2018.

“Additional” and the summary of the evidence “1. Defendant 1............)” in part 3743 of “2014 High Order 3743.”

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