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Reasons
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(영문) 서울동부지방법원 2018.10.11 2018노253
사기등
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All judgment of the court below shall be reversed.

Of the lower judgment of the first instance, Defendant 2016 Highest 226 Cases and 2016 Highest 4399.

Reasons

1. Summary of grounds for appeal;

A. 1) For the case of 2018 No. 253, the lower court’s sentencing (unfair sentencing) is too unreasonable.

2) The prosecutor (unfair sentencing)’s sentence is too unhued and unfair.

B. As to the case No. 2018No. 485, the Defendant (misunderstanding of facts) had the ability to operate a restaurant at the time of the instant crime, and as such, it cannot be deemed that the victim had induced the victim since the victim had not met BO before the instant crime was committed, the crime of fraud against the victim BO is not established.

2) The prosecutor (unfair sentencing) of the lower court is deemed to be too unhued and unfair.

2. Ex officio determination

A. According to the records of this case, the Defendant was sentenced to four years of imprisonment for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on Nov. 9, 2007, and on April 28, 2010, the Defendant completed the execution of the sentence in the lawsuit against North Korea on April 28, 2010.

However, among the judgment of the first instance court, each of the crimes of the 2016 highest order 226 highest order and 2016 highest order 4399 highest order committed within three years from the date of the completion of the above sentence, and thus, the punishment is determined within the scope of the aggravated punishment pursuant to Article 35 of the Criminal Act. However, the judgment of the first instance court erred by omitting aggravated aggravated punishment.

B. The first and second instances of the consolidated trial against the defendant were tried by the Seoul Eastern District Court 201, 2701, 226, 1952, 4265, 439, 4461, 140, 2936, 2936, and 100, 2018, respectively, and the Seoul East Eastern District Court 2015, 2701, 2016, 1333, 2266, 1952, 4265, 4265, 439, 4461, 2017, 2936, and the Seoul East District Court 20, 2018, 2015, 2701, 2701, 2016, 203, 2016, 206, 2016, 206, 2016, 2016, 36, 16

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