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(영문) 서울동부지방법원 2014.08.13 2014노578
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the original court sentenced each of the defendants (two years of imprisonment, three months of imprisonment).

2. Prior to the judgment on the grounds for appeal by the Defendant, the Defendant appealed ex officio prior to the judgment on the grounds for appeal by the Defendant, and the Defendant appealed each of the above two cases, and this court decided to consolidate the above two cases. Each of the crimes of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained.

3. As such, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the allegation of unfair sentencing, on the grounds of the above-mentioned ex officio reversal, and the following decision is rendered through pleadings.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 231 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 230 of the Criminal Act, Articles 34 and 230 of the Criminal Act, Articles 347 (1) of the Criminal Act, Articles 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the selection of stolen credit card), each of the following: (i) the pertinent provision on the crime; (ii) the applicable provision of the Criminal Act; (iii) the selection of the punishment for the crime; (iv) the selection of the punishment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The defendant on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with punishment stipulated in the crime of fraud as of December 27, 2013), which is the largest penalty, shall be imposed.

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