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(영문) 서울남부지방법원 2019.01.25 2018노2111
사기
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment for a period of two years and six months.

Reasons

1. Each sentence (2 years, and 4 months, respectively) declared by the original court (2 years, and 4 months, respectively) on the gist of the grounds for appeal is too heavy or (2) it is unreasonable to conduct an examination (2 years, respectively: the original court).

2. Before determining the grounds for appeal by the defendant and prosecutor ex officio, the defendant and the prosecutor filed an appeal against the judgment of the court below and reviewed both of them in the trial. As a result, each of the crimes in the judgment of the court below against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the concurrent crimes under Article 38(1) of the Criminal Act should be punished within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Therefore, the judgment of the court below against the defendant

3. According to the records of the judgment regarding the application for the compensation order by the applicant for compensation, although the application for the compensation order by the FT, in the case of the application for the compensation order by the FTS, the application for the compensation order by the applicant for compensation, the defendant was not prosecuted due to the fraudulent act against the FS, which is the application for compensation. Ultimately, it is unreasonable to issue the compensation order in the criminal procedure of this case because the existence of the liability for compensation against the FS, which is

4. Accordingly, the judgment of the court below on the ground of the above ex officio reversal is without examining the grounds for appeal of unfair sentencing by the defendant and the prosecutor. In accordance with Article 364(2) of the Criminal Procedure Act, the part of the judgment of the court of first instance and the judgment of the court below are reversed, and the following are again decided after the pleading. Since the application for compensation order by FT, which is the application for compensation order by FT, is well-grounded, it is accepted pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 31(3) of the same Act shall apply to the declaration of provisional execution. Since the application for compensation order by FTS, which is the application for compensation by the applicant for compensation, is without merit, Articles 3

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