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(영문) 대구지방법원 2015.03.19 2014노1752
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (No. 1: imprisonment with prison labor for 10 months, and 2: imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The defendant filed an appeal against the judgment of the court below in the first and second instances, and this court decided to hold a joint hearing of the above two appeals cases. Each of the crimes in the judgment of the court below in the first and second cases is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence by judgment at the same time.

In this respect, the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act and Articles 347(1), 30 of the applicable law as to the facts constituting an offense and Articles 347(1), 30 of the Criminal Act as to the choice of punishment (the crime committed in the judgment of the court below and the judgment of the court below No. 2014 senior group 4286, 2014 senior group 4454 senior group 454), and Article 347(1) of each Criminal Act (the crime committed in the judgment of the court below No. 2014 senior group

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in fraud due to fraud against NH Capital Capital Stock Company on August 21, 2013), among concurrent crimes, has a career of being punished twice for the same crime, each of the crimes of this case committed during the period of suspended execution, and organized and planned.

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