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(영문) 대구지방법원 2017.01.24 2016노2402
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (unfair sentencing): The decision of the court below (the decision of the first instance court: the decision of the second instance; the decision of the second instance: the imprisonment of eight months; the imprisonment of one year and six months; and the decision of the third court: the imprisonment of one year and one year) is too unreasonable; and

2. We examine ex officio determination.

The defendant filed an appeal against the judgment of the court below in the first, second, and third cases, and the court decided to jointly examine the two appeals cases.

However, since the crimes of the court below Nos. 1, 2, and 3 are concurrent crimes under the former part of Article 37 of the Criminal Act, each of the crimes of the court below should be sentenced to a single sentence within the scope of punishment subject to aggravated punishment pursuant to Article 38 of the Criminal Act, the court below's judgment against the defendant can no longer be maintained.

3. If so, the judgment of the court below is reversed ex officio as above. Thus, without examining the defendant's unfair argument of sentencing, the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as stated in each corresponding column of the judgment below, and thus, they are quoted 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 (including fraud in the judgment of the first instance court, each of the fraud in the judgment of the second instance, each of the fraud in the judgment of the second instance, and each of the fraud in the judgment of the third instance), Article 347-2 of the Criminal Act (the use of computers, etc.), and each of the choice of imprisonment, respectively;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are the primary offenders who had no particular criminal record prior to each of the instant crimes, and the fact that the Defendant recognized all of the instant crimes and reflects his mistake are favorable to the Defendant.

On the other hand, there is a considerable amount of money acquired by the defendant (as approximately KRW 220 million), and it is substantial.

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