logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.07.20 2018노485
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The part concerning the crime No. 2 and 3 of the judgment of the court below in conviction shall be reversed.

For the crimes of No. 2, the defendant shall be punished.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (Article 1 of the Decision (Article 2017 Gohap 185): 4 years of imprisonment and Article 2 of the Decision (Article 2017 Gohap 217): Imprisonment with prison labor for 6 months and Article 3 of the Decision (Article 2018 Gohap 8: Imprisonment with prison labor for 6 months) is too unreasonable.

B. Prosecutor 1) The victim AC made a consistent statement from the investigation stage to the court below’s court to the effect that “The victim AC agreed to return KRW 20 million upon the rescission of the contract for the purchase and sale of land requested by the injured party,” but the victim AC did not have credibility in the statement of the injured party AC, and the court below acquitted the injured party of this part of the facts charged.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination:

A. The lower court ex officio determination (crime 2 of the holding) held that: (a) the crime of subparagraph 2 of the judgment and the Defendant was sentenced to imprisonment on October 25, 201 with prison labor for the assistance of Suwon Friwon, which was rendered on October 25, 201; and (b) the crime of fraud, which became final and conclusive on November 2, 201, constitutes a concurrent crime of Article 37 of the Criminal Act.

The decision was determined.

According to the records of this case, in addition to the final judgment No. 1, the Defendant was sentenced to eight months of imprisonment for a criminal committed before the final judgment No. 1 (as of September 30, 201) in the Youngcheon District Court’s monthly support on Oct. 30, 2012, and the judgment became final and conclusive on Nov. 7, 2012 (the final judgment No. 2), and on Dec. 31, 2015, the Defendant was sentenced to one year of suspension of execution for six months prior to the final judgment (as of October 8, 2010) and one year of imprisonment for a criminal committed on Jan. 8, 2016 (the final judgment No. 3 final judgment) and was sentenced to a suspended execution for the first year of imprisonment for a criminal committed on Sept. 9, 2016 (as of July 21, 209).

Therefore, both crimes of Article 2 and each crime of Article 37 of the Criminal Code have become final and conclusive, and both crimes of Article 39 (1) of the Criminal Code are concurrent crimes, and the crimes of Article 39 (2) of the Criminal Code have become final and conclusive.

arrow