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(영문) 의정부지방법원 2015.07.28 2015노921
사기등
Text

Of the judgment of the court below of first instance, the guilty portion (excluding a compensation order) against Defendant B and the judgment of the court of second instance.

Reasons

1. Summary of grounds for appeal;

A. Defendants (unfairness) 1) Defendant A1’s imprisonment (10 months in prison) is too unreasonable and unfair. 2) Defendant B’s respective sentences (1 year and six months in prison, 6 months in prison, and 6 months in prison, and additional collection) of the lower court’s respective sentences (1 year and six months in prison, and 6 months in prison) are too unreasonable.

3) The punishment of the lower court (two months of imprisonment, two years of suspended execution, and additional collection) of the Defendant Z II is too unreasonable. B. The first instance court’s punishment of the Defendant A (ten months of imprisonment) against the Defendant A in part of the Defendant A (hereinafter “Defendant 1”) is too uneasy and unfair.

2) According to the evidence submitted by the prosecutor of mistake of facts as to Defendant B’s acquittal portion, despite the fact-finding that “Defendant B conspired with A and V and applied for a loan by submitting a false business plan, etc. to the lending business entity, and obtained the loan of this case by fraud,” the court below acquitted each of the facts-finding charges, which affected the conclusion of the judgment by mistake of facts.

B) The first instance court’s punishment on Defendant B of unreasonable sentencing (one year and six months of imprisonment) is too unhued and unreasonable.

2. Ex officio determination

A. The first instance court rendered a judgment with respect to Defendant B, as the Jung Government District Court Decision 2014Da4057, and as to Defendant B, the second instance court rendered a separate trial with respect to Defendant B, as the above court Decision 2015Da535, respectively. As to this, Defendant B filed an appeal against the first instance judgment, the prosecutor filed an appeal against the lower court, and the said court rendered a decision to jointly deliberate on each of the above appeals cases.

B. However, since each crime of the lower court against Defendant B is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, it should be sentenced to a single sentence within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act, the part concerning Defendant B among the lower judgment and the lower judgment of the second instance cannot be maintained any more.

(c) except that;

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