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(영문) 부산고등법원 (창원) 2019.08.21 2019노120
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The first instance court’s imprisonment (two years of imprisonment) declared by the Defendant is too unhued and unfair.

B. The punishment of Defendant 2 sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, each appeal case against the defendant against the two judgment below was consolidated in the trial. The criminal facts of each of the above cases are concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below which sentenced a separate punishment for the criminal facts of the above case cannot be maintained as they are.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's and the defendant's respective arguments on unfair sentencing, and the judgment of the court below is reversed in its entirety, and it is again decided as follows through pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Amended by Act No. 15256, Dec. 19, 2017); Article 347(1) of the Criminal Act (including fraud against the victim M&A and AK association; each of them is included by the victim); Article 347(1) of the Criminal Act / [Article 347(1) of the Criminal Act / [Article 231 of the Criminal Act, Article 231 of the Criminal Act, Article 234, Article 231 of the Criminal Act, Article 231 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Amended by Act No. 15256, Dec. 19, 2017); Article 225 of the Criminal Act, Article 229 and Article 225 (Alteration of Official Document) of the Criminal Act

1. To treat concurrent crimes;

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