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(영문) 전주지방법원 2017.02.17 2016노1831
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, the Prosecutor’s total amount of KRW 29,246,920 among the facts charged was examined at the trial of the party, and the Prosecutor’s total of KRW 29,25,256,920 among the facts charged was as KRW 45,256,920, and “ May 28, 2013.” The attached Table 1, 2, and 3, “No. 5, 2014.”, “No. 28, 2014.”, and the attached Table 1, 2, and 3, “No. 1,2, and 3,” was changed to the judgment by this Court, and the judgment below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, on the ground that the above part and the remaining criminal facts are concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below is reversed in its entirety, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by this court is as follows: “Total KRW 29,246,920” in the 5th page of the facts constituting an offense as indicated in the judgment of the court below; “No. 45,256,920” in the 3th page “No. 28, 2013.” in the 3th page “No. 28, 2014.”; and attached Table 1, 2, and 3 in the 1, 2, and 3 of the daily list of crimes as indicated in this judgment; and “1. Defendant’s trial statement” in the summary of evidence is identical to each corresponding column of the judgment of the court below, except where “1. Defendant’s trial statement” is added to the summary of evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for the crime (to be comprehensively applied to each victim, and to be punished by imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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