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(영문) 의정부지방법원 2018.07.19 2018노549
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A prosecutor at the trial court of the case No. 3720, 2017, 2017, 3720, following the facts charged, applied for the amendment of a bill of amendment to the indictment with the changed facts charged, and this court permitted the amendment and changed the subject of the judgment, the above part of the judgment below

Therefore, the above and the judgment of the court below should be reversed in its entirety, since the crime of fraud against the victim H is concurrent crimes and should be sentenced to a single punishment.

【Revised Facts constituting the Defendant’s charges [2017 Highest 3720] The Defendant is obliged to repay the Defendant’s bonds at the victim B’s house located in Yongsan-gu, Seoyang-gu, Seoyang-gu, Busan, on December 1, 2014, with interest and living expenses that are too high, if the Defendant borrowed interest and living expenses.

A false statement was made.

However, without certain assets or incomes, the Defendant did not have any intent or ability to repay the debt amounting to KRW 9,700,000, such as KRW 16,000,000 and KRW 26,000,000.

The Defendant, as above, by deceiving the victim and receiving KRW 1,00,000 from the victim on the same day from the same day, obtained a total of KRW 40,460,000 from May 19, 2015, as stated in the attached crime sight table, and acquired it by deceptioning KRW 40,460,00 on a total of 24 occasions, such as the content of the attached crime list.

3. Thus, 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 and it is again decided as follows.

【Grounds for another judgment】 Facts constituting a crime and summary of evidence recognized by the court is the part of the judgment below concerning facts constituting a crime.

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