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(영문) 서울고등법원 2016.03.11 2015노2027
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

The summary of the grounds for appeal (the first instance court: the imprisonment of 2 years and 6 months, and the second instance court: the imprisonment of 2 years and 2 years) of the lower court is too unreasonable.

Before determining the defendant's improper argument about sentencing, this paper examined ex officio.

The Court decided that each appeal case against the judgment of the court below will be consolidated and tried.

However, the judgment of the court below against the defendant should be sentenced to a single punishment as it constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, so the judgment of the court below cannot be maintained any more.

As seen earlier, 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 of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant, recognized by the court, and the summary of the evidence, are as shown in each corresponding column of the judgment below, except for the alteration of the "1. Part of the defendant's court statement" to "1. The defendant's court statement" among the summary of the evidence of the first instance judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (the fraud in the judgment of the first instance and the fraud in the judgment of the second instance), Articles 347 (1) and 30 (the fraud in the judgment of the second instance) of the Criminal Act, Article 231 of the Criminal Act (the fact in each private document above Article), Articles 234 and 231 of the Criminal Act (the fact in each of the above private documents), Articles 232, 34 (1), and 31 (1) of the Criminal Act, Articles 234 (1) and 34 (1) of the Criminal Act, Articles 234, 232 of the Criminal Act (the fact in each of the above private documents), Articles 234, 232, and 32 (1) of the Criminal Act, Articles 232, 232, 342, 34 (1), and 34 (1), and 31 (2) of the Criminal Act, respectively.

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (the preceding part of Article 38 of the Criminal Act shall apply to concurrent crimes).

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