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(영문) 인천지방법원 2012.11.30 2012노2058
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 1 year and 6 months) that the lower court sentenced against the Defendant is too unreasonable.

2. Upon ex officio determination, the court of original judgment Nos. 1 and 2 sentenced the defendant to a separate hearing with the Incheon District Court Branch of 2011 High Court Decision No. 2288 and the High Court No. 2011 High Court Decision No. 38 of the Criminal Act as a result of the judgment. The defendant filed an appeal against each of the above judgments and rendered a decision that the above two cases will be tried concurrently. The first and the second court of the original judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and the sentence of sentence shall be determined within the scope of punishment determined by applying the same provision of punishment for concurrent crimes under Article 38 of the Criminal Act. In this regard, the judgment of the court below against the defendant shall be reversed.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above grounds for reversal ex officio exist, and the judgment below is reversed in entirety, and it is again decided as follows

Criminal facts

The summary of the facts charged and the evidence against the defendant is identical to each corresponding part of the judgment of the court below in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) (Fraud) of the Criminal Act, Article 94 Subparag. 3 of the Immigration Control Act, Article 7-2 Subparag. 2 of the Criminal Act, Article 30 of the Criminal Act, and Article 347 of the Criminal Act, the choice of imprisonment for a crime

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is the case in which the criminal defendant acquired a large amount of money worth KRW 140 million in total from the victim, based on the fact that the criminal defendant was in a relationship with the victim.

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