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(영문) 서울중앙지방법원 2018.06.22 2017노4335
사기
Text

Of the judgment of the court below in the first and second instances, the part against Defendant A and C, and the part against Defendant B in the judgment of the court below in the first and second instances.

Reasons

1. Summary of grounds for appeal;

A. The first instance court’s sentence (1) against Defendant A, B, and G’s unfair claim for sentencing (2 years of imprisonment for Defendant B, 2 years of imprisonment for Defendant B, 3 months of suspended execution, 2 years of imprisonment for Defendant G, and 120 hours of community service) is too unreasonable (the Defendants and their defense counsels withdrawn all of the allegations of facts at the first instance trial date of the first instance trial of the first instance trial of the first instance court). (2) The first instance court’s sentence (1 year and 4 months of imprisonment for Defendant C: ② Defendant D: 2 years of suspended execution, 2 years of imprisonment for August, 3 years of suspended execution, 2 years of suspended execution, 4 years of suspended execution, 2 years of imprisonment for each of Defendant A: Defendant G, 2 years of suspended execution, 2 years of suspended execution, 2 years of imprisonment for August, 208, and 120 hours) against the first instance court’s judgment.

(c)

The punishment of the court below (1 year of imprisonment for Defendant A, 2 months of imprisonment for Defendant C, 3 months of suspended execution, 1 year of suspended execution, 80 hours of community service) against Defendant A, C, and Z is too unreasonable.

2. Ex officio determination

A. (1) Prior to the judgment on the grounds for appeal by the defendant against the defendant A, the records show that the defendant was sentenced to five years of imprisonment by the Seoul Central District Court on September 6, 2017 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and that the above judgment became final and conclusive on April 12, 2018. As such, each of the crimes in the judgment of the court of first and second level against the defendant and each of the above crimes for which the judgment became final and conclusive are concurrent crimes after Article 37 of the Criminal Act and shall be sentenced to punishment for each crime in consideration of equity with the case where the judgment is rendered simultaneously pursuant to Article 39 (1) of the Criminal Act. In this regard, the judgment of the court of first and second level cannot be maintained as it is.

2) In addition, the judgment of the court of first instance and the judgment of the court of second instance against the defendant were rendered, and the defendant filed an appeal against them, respectively, and the court of first instance will concurrently examine the above two appeals cases.

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