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(영문) 서울중앙지방법원 2018.02.08 2017노3319
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and eight months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 years of imprisonment with prison labor) is too unreasonable.

2. The Prosecutor applied for amendments to Bill of Indictment to the effect that the facts charged were added to the list of annexed crimes (7) as stated in the following facts charged at the trial of the court, and this Court permitted this, thereby changing the subject of the judgment.

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

[Judgment in the court below] The criminal facts acknowledged by this court as stated in the judgment below are as follows: "A total of 29,687,321,643 won is remitted or delivered in 6,084 times under the name of capital investment in both installments as shown in the attached table of crime (1), (2), (3), (4), (5), (6) and (7) shall be changed to "the remittance or delivery of 6,090 won in total over 6,09,00 won under the name of capital investment in both installments as shown in the attached table of crime (1), (2), (3), (4), (5), (6) and (7) shall be changed to "the remittance or delivery of 29,712,121,643 won in total as stated in the judgment of the court below," and "the addition of the attached table of crime (7) shall be referred to as "the addition of the attached table of crime" shall be referred to in Article 369 of the corresponding Criminal Procedure Act.

Summary of Evidence

The summary of the evidence of the facts constituting the crime acknowledged by this Court is as follows: (a) except for the addition of the “written statement by the Defendant at the court of the trial, details of remittance, payment confirmation, payment agreement, and investigation report (written confirmation of card use fee) to each police statement by the Defendant at the court of the trial, HD, and IH; and (b) as such, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Code applicable to the crime, Article 347 of the Criminal Code (the point of fraud), and the regulation on the act of receiving similar amounts of punishment.

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