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(영문) 부산지방법원 2014.05.16 2013노4244
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The main points of the grounds for appeal are three years of imprisonment with prison labor sentenced by the first instance court and six months of imprisonment with prison labor sentenced by the second instance court are too unreasonable.

2. The case of this court 2013No4244, which is the appeal case against the judgment of the court of first instance, was consolidated in the oral proceedings of the court of first instance, prior to the judgment on the grounds for appeal by the defendant's ex officio, and the case of this court 2014No114, which is the appeal case against the judgment of the court of second instance. Since each crime of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be sentenced to a single sentence within the extent that aggravating concurrent crimes in accordance with Article 38(1) of the Criminal Act, the judgment of the court below

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Among concurrent crimes, each of the crimes of this case in the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code, has been purchased at a price higher than the market price of unsold apartments and has been re-saleed. However, in the process of obtaining a loan for security, apartments have been trusted in the process of receiving a loan for security by low sale. Accordingly, the apartments, which can not be leased without obtaining approval from a trust company or the trust from eight victims, are leased to eight victims, and take over the sum of KRW 250 million as the deposit for lease from these victims, and take money acquired by fraud.

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