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(영문) 서울중앙지방법원 2018.11.29 2018노1547
사기
Text

The part of the judgment of the court of first instance excluding an application for compensation order and the judgment of the court of second instance shall be reversed.

Defendant .

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that each sentence (two years of imprisonment, one year and six months of imprisonment) pronounced by the original court (unfair sentencing) is too unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, this Court decided to hold a joint hearing of each appeal case by examining the first, second, and second, the first, and second, the defendant's conviction, after having tried the defendant separately, and after having sentenced the defendant to each of the appeals.

However, since each crime of the first and second judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act, each judgment of the court below against the defendant was no longer maintained.

3. In conclusion, the judgment of the court below is reversed, without examining the defendant's unfair argument of sentencing, and pursuant to Article 364 (2) of the Criminal Procedure Act, the part of the judgment of the court of first instance excluding the application for compensation order among the judgment of the court below excluding the application for compensation order, and the judgment of the court of second instance excluding the application for

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court in question and summary of the facts constituting an offense and summary of evidence are as stated in the corresponding column of the first instance judgment, as well as the addition of the Defendant’s trial statement in the first instance judgment to the corresponding column of the first instance judgment. Therefore, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, Article 347 of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is to be systematically planned and to cause damage to an unspecified or a large number of citizens, and thus, the need for strict punishment is recognized.

The accused assumes a false staff member of the Financial Supervisory Service, and licensing.

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