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(영문) 수원지방법원 2015.03.27 2014노1871
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that for four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal of the judgment of the court below (the first judgment: two years of suspended execution in the six months of imprisonment; the community service order of 80 hours; the second judgment of the court below: the suspended execution three years in the two years of imprisonment; the community service order of 300 hours in the three years of suspended execution) is too unreasonable.

2. Before examining the grounds for appeal by the Defendant’s ex officio, this Court tried to concurrently examine the appeal cases against the Defendant against the first and second court judgment. Each of the crimes against the Defendant against the first and second court below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a single sentence under Article 38(1) of the Criminal Act, and thus, the judgment of the court below against the Defendant cannot be reversed.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since the above reasons for ex officio reversal exist, 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 as shown in each corresponding column of the 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, Articles 355(1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, the choice of imprisonment for a crime

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 (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed against many victims, and since the amount of damage exceeds KRW 300 million, it is necessary to punish the defendant strictly.

However, all of the crimes of this case are committed by the defendant.

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