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(영문) 서울중앙지방법원 2015.01.15 2014노2256
사기
Text

All the judgment of the court below (including a compensation order) shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The judgment of the court below

Reasons

1. The main point of the grounds for appeal is that each of the judgments of the court below (two months of imprisonment, eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant appealed against the judgment of the court below, and each appeal against the judgment of the court below was joined in the trial. Each of the offenses listed in the judgment of the court below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below cannot escape from reversal.

Meanwhile, the first instance court issued a compensation order to the Defendant that he would pay the full amount of KRW 34,00,000,000, but according to the records, the Defendant may recognize the fact that the Defendant remitted the sum of KRW 2,740,000 to the applicant for compensation (victim) from July 15, 2013 to December 30, 2013 (No. 60-62 of the investigation records No. 16205 of 2014). Therefore, it is reasonable to exclude the Defendant from the amount of compensation.

3. The lower judgment reversed the lower judgment under Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds that the lower court’s judgment ex officio reversals as seen earlier, and further decides as follows.

[C] The summary of facts constituting an offense and evidence presented by this court is as follows. The summary of facts constituting an offense and evidence presented by this court is as follows: (a) the space column in the No. 11 of the judgment of the court of first instance is as “the place of office, which is the filing of a complaint in Gyeonggi-gun C”; and (b) the method column is as indicated in each corresponding column of the judgment of the court below, except where the method column is “cash” (18,39 pages of the investigation records No. 16205 of 2014). Thus, it is cited

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (Provided, That Article 30 of the Criminal Act shall be added and choice of imprisonment shall be applied to the case of "2014 high-ranking71"

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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