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(영문) 서울서부지방법원 2014.04.03 2014노105
사기등
Text

The judgment below

Among the crimes of No. 1, No. 2, and the crimes of No. 3 of the judgment, the crimes of Sep. 10, 2008 and the crimes of Nov. 24, 2008 are each crimes of fraud.

Reasons

1. The summary of the grounds for appeal (the punishment of the court below (the punishment of the crime of fraud of October 19, 2010 and the punishment of the crimes of Articles 4 through 8 in its holding, among the crimes of the crimes of the No. 1, No. 2 in its holding, the crimes of the No. 3 in its holding), and the punishment of each of the crimes of fraud of Sep. 10, 2008 and November 24, 2008 in its holding No. 3 in its holding) is too unreasonable.

2. Determination

A. In view of the fact that the Defendant made a confessions against each part of the crime of fraud of September 10, 2008 and November 24, 2008 among the crimes of No. 1, No. 2, and No. 3 of the judgment of the court below, among the crimes of No. 1, No. 2 of the judgment of the court below, and the crimes of No. 3 of the judgment of the court below, and all of the victims of No. 1, and No. 2 of the judgment of the court below

B. Of the crimes No. 3 of the judgment of the court below, the Defendant committed the instant crime again during the period of the same repeated crime even though there were several criminal records having been punished several times due to the same kind of criminal records, and the victim did not have been agreed upon, it cannot be deemed that the sentence of the court below is too unreasonable.

3. Thus, the appeal by the defendant as to the crime of fraud as of September 10, 2008 among the crimes of No. 1, No. 2, and No. 3 of the judgment of the court below as to the crime of fraud as of Nov. 24, 2008 as of Sep. 10, 2008 and No. 3 of the judgment of the court below is justified. Thus, the appeal by the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the remaining appeal by

Criminal facts

The summary of the evidence and the facts charged in each of the crimes of fraud as of September 10, 2008 and November 24, 2008 and the summary of the evidence as of November 24, 2008 of the judgment of the court below acknowledged by this court is identical to the corresponding columns of the judgment of the court below, and thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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