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(영문) 부산지방법원 2020.04.09 2020노223
사기
Text

All the judgment of the court below (excluding the compensation order of the second court) shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (No. 1: Imprisonment with prison labor for 6 months, and imprisonment with prison labor for 8 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below that sentenced the defendant as the case of each case of the judgment below that the defendant appealed was joined in the trial of the court of the court below, and thus, the criminal facts in the judgment of the court below against the defendant are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and one punishment should be sentenced at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below

3. According to the conclusion, since the judgment of the court below (excluding the order for compensation by the second court) has grounds for reversal of the above authority, the decision of the court below pursuant to Article 364 (2) of the Criminal Procedure Act (excluding the order for compensation by the second court) is reversed without examining the defendant's assertion of unfair sentencing, and all of the judgment below (excluding

[Judgment used again on the original judgment (excluding the order for compensation by the second original judgment)] Criminal facts and summary of evidence admitted by this court and summary of evidence are as stated in each corresponding column of the original judgment. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Among concurrent crimes, each of the crimes of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is deemed to have obtained employment from the victims by deceiving 40 million won each from the victims, in view of the amount of damage, the method of criminal receipt, etc., and the fact that the crime is bad, and the damage has not been recovered, the defendant needs to make a corresponding punishment.

However, the defendant does not have any criminal records exceeding the same kind of punishment and fine, and the defendant recognizes all of the crimes of this case, thereby making his/her mistake.

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