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(영문) 대전지방법원 2014.11.13 2014노84
사기
Text

All judgment of the court below shall be reversed.

A fine of 7,00,000 won is imposed for the crimes No. 5 and 6 of the judgment of the court of first instance.

Reasons

1. The summary of the grounds for appeal is that each sentence (each of offenses listed in the judgment of the court of first instance through No. 4: Imprisonment with prison labor for one year, fines of 7,00,000 won and fines of 7,000 won in the judgment of the court of first instance and 6 months in the judgment of the court of second instance: imprisonment with prison labor for six months and 3 months in the judgment of the court of second instance) which the court of first instance

2. Prior to the judgment on the grounds for appeal ex officio, the case of this Court No. 2014No84, which is the appeal case against the judgment of the court of first instance, the case of this Court No. 2014No1660, which is the appeal case against the judgment of the court of second instance, and the case of this Court No. 2014No2424, which is the appeal case against the judgment of the court of second instance, were consolidated in the procedure for oral argument of the court of first instance. Each of the crimes of the court below Nos. 1 through 3, is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, the court of first instance shall be sentenced to a single sentence within the extent that aggravating concurrent crimes pursuant to Article 38

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the Defendant’s assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

【Grounds for the Judgment of multiple times】 Criminal facts and summary of evidence recognized by the court are the same as stated in each corresponding column of the judgment of the court below. Thus, all of the judgments are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) 1 of the Criminal Act and Article 347 (1) 1 of the judgment of the court below concerning the applicable criminal facts;

A. Each of the remaining frauds except paragraph 2, the frauds of the judgment of the court below of the court of first instance, and No. 1 of the judgment of the court of first instance

(a)Paragraph 1;

(b)bee;

A fine shall be imposed on each fraud described in paragraphs (2) through (4) of the judgment of the court below, and on each fraud described in paragraphs (5) and (6) of the judgment of the court of first instance.

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