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(영문) 수원지방법원 2018.01.23 2017노3182
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and four months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: 3 years of imprisonment; 4 months of imprisonment; 3 months of imprisonment; 6 months of imprisonment) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the defendant appealed against the judgment below, and this court decided to consolidate the above appeal case.

Each crime of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. If so, 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, and the judgment below is reversed in entirety, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is as follows: "L" for Paragraph 1 to 2 of Article 1 of the Criminal Procedure Act among the facts constituting an offense in the original judgment; "after delivery of the above vehicle" for Paragraph 4 to Paragraph 15 of Article 4 of the Criminal Procedure Act; and "director or director to be returned" for Paragraph 1 to Paragraph 9 of Article 3 of the Criminal Procedure Act is the same as the corresponding column of each judgment of the court below, except for the intention to return or "by intention to return" for Paragraph 1 to be returned" for Paragraph 9 of Article 3 of the 3 Criminal Procedure Act. 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, Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement) and the choice of imprisonment for the crime;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are to consume money to victims for personal purposes by deceiving them as investment money for loan business, and to pay the money to them.

Definites and uses cards from victims or victims.

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