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(영문) 대구지방법원 2017.08.25 2016노3508
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal that the judgment of the court below rendered against the defendant is too unreasonable (the court below's judgment No. 1: Imprisonment with prison labor for one year and six months, and the court below's judgment No. 2: Imprisonment with prison labor for ten months).

2. We examine ex officio the appeal ex officio, and the defendant filed each appeal against the judgment of the court below, and examined the appeal case in the first instance court. However, as long as each crime of the judgment of the court below on the market is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered concurrently and a sentence should be imposed. Thus, the judgment of the court below cannot be maintained any more.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes against victim Q, the largest of which is stipulated in the crime of fraud) of the Act on the Aggravated Punishment of Concurrent Crimes, is that the crime of this case was committed by deceiving several victims as if the defendant would normally proceed with construction and would pay materials or construction cost, etc., and the crime was committed by deceiving several victims.

The amount of damage caused by each of the crimes of this case reaches approximately KRW 170 million, and there are no circumstances in which the defendant made an endeavor to recover damage.

On the other hand, the Defendant led to confession and reflect on the instant crime.

The suspension of the execution of imprisonment with prison labor in 1993 shall be imposed on the accused.

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