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(영문) 대전지방법원 2014.09.03 2013노2363
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal (unfair punishment) that the court below rendered (the first judgment: 10 months of imprisonment, 2 years of suspended sentence, 2 years of suspended sentence: the second judgment: imprisonment with prison labor, 6 months of suspended sentence and 2 years of suspended sentence) is too uneasible and

We examine ex officio the defendant's grounds for appeal prior to judgment.

This court decided to concurrently examine the appeal cases of the first instance judgment of the second instance judgment against the defendant, and on the other hand, each of the offenses committed in the judgment of the court below which found the defendant guilty is a concurrent offense under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act, so in this regard, the first and second lower judgment shall be reversed.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument on the grounds of reversal of authority as above, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence of this case against the defendant is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 356 and 355 (1) of the Criminal Act (the point of fraud) of each of the relevant Articles of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Each of the crimes of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is as follows: (a) as if the defendant did not sell the goods while working as a business employee in E operated by the victim D, he/she received the goods by deceiving the victim D; (b) embezzled the money received; and (c) embezzled the money borrowed from the victim S.

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