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(영문) 대구지방법원 2016.01.15 2015노4631
사기등
Text

1. Of the lower judgment, the part of the lower judgment regarding each of the crimes set forth in [Attachment 2014], 894 [Attachment 2015], 478 [Attachment 2015] is reversed.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. In relation to each of the instant frauds in fact, the Defendant received money, etc. from the victims as stated in the judgment of the court below, or promoted the relevant work that was actually promised to the victims, and thus did not have the scope of fraud (Provided, That with regard to the instant case No. 894, the Defendant only used 300,000 won in the name of F Co., Ltd., which he operated by the victim E, as the cost of performing his duties by taking out the national card from the victim E, and the remainder is used on the part of the said company). In addition, with regard to the crime of forging the instant private document and the instant investigation document, it cannot be deemed as a forged document since the Defendant prepared the relevant removal contract with the permission of U.S., the representative director of M Co., Ltd., which

Nevertheless, the court below convicted all the facts charged of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence that the lower court rendered unfair sentencing (for each crime set forth in subparagraph 9, 2015, 66, 2015, 71, 2015, 2015, 106, 1 year, 2014, 2015, 2015, 206, 6 months, 2015, 478, 2015, 2015, 2015, 2015, 200, 200, 2015, 200, 200

2. Determination

A. Ex officio determination (as to each of the crimes listed in Articles 2014, 894, 2015, 478 of the lower judgment), “a crime for which judgment to be sentenced to imprisonment without prison labor or a heavier punishment has become final and a crime committed before such judgment has become final and conclusive” constitutes concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, under Article 39(1) of the Criminal Act, the crime for which judgment has not been rendered among concurrent crimes and the crime for which judgment has become final and conclusive shall be sentenced in consideration of equity in cases where a judgment is concurrently rendered. If a crime for which judgment has not yet become final and conclusive cannot be ruled simultaneously with a crime for which judgment has already become final and conclusive, the case at the same time and equity shall be considered pursuant to Article 39(1)

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