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(영문) 부산지방법원 2018.12.13 2018노2168
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Although the defendant received a notice of receipt of court records by means of public notice on November 8, 2018, he/she did not submit a written reason for appeal by the time the appeal is not timely filed, even if the written reason for appeal is not timely filed.

According to the evidence duly adopted and examined by the court below and the court below, the defendant was sentenced to one year of imprisonment for a crime in Busan District Court's Dong Branch on July 13, 2017, and the above judgment became final and conclusive on October 11, 2017. Thus, the above crime of fraud and the judgment against the defendant, which became final and conclusive in the judgment of the court below, are in the relation of concurrent crimes after Article 37 of the Criminal Act, and is in the relation of the latter part of Article 39 (1) of the Criminal Act, and should be sentenced to punishment for the crime in the judgment of the court below in consideration of the equity

In this regard, the prosecutor stated in the facts charged in the indictment against the defendant in the trial of the court of the case that "the defendant with criminal history is stated as "the Busan District Court" on July 13, 2017 in the application for permission of changes in indictment submitted by the prosecutor of the Dong branch branch of the Busan District Court, but it seems to be a clerical error in the "Mus

In the case of fraud, one year of imprisonment was sentenced to a crime, and the above judgment became final and conclusive on October 11, 2017.

In addition, “Article 37 and Article 39(1) of the Criminal Act” of the applicable law was applied for permission to amend the Bill of Indictment, and this Court permitted this.

In this respect, the judgment of the court below cannot be maintained as it is.

2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act and it is again decided as follows.

[Judgment] The criminal facts acknowledged by this Court are the first head of “criminal facts” column of the judgment below. The judgment of the court below became final and conclusive on October 11, 2017, where the defendant was sentenced to imprisonment with prison labor for a term of fraud in Busan District Court’s Dong Branch Branch on July 13, 2017.

Except for the addition of “,” the lower judgment.

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