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(영문) 대구지방법원 2017.07.20 2017노800
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The decision of the court of first instance on the summary of the grounds for appeal that the court of first to third level pronounced on the defendant is improper because it is too unreasonable that the court of first instance sentenced to imprisonment with prison labor for a year and six months, two months, and three months, respectively.) is too unreasonable.

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

The judgment of the court below in 1 to 3 sentenced each of the above appeals against the defendant and the defendant filed an appeal against it, and this court decided to hold a joint hearing of each of the above appeal cases. Since each of the offenses against the defendant in 1 to 3 is concurrent crimes under the former part of Article 37 of the Criminal Act, one of the offenses against the defendant should be sentenced in accordance with Article 38 (1) of the Criminal Act, and therefore, the judgment of the court below in 1 to 3 became impossible to maintain as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without having to decide on the defendant's unfair argument for sentencing, and it is again decided as follows.

[Re-written judgment] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the original decision of the Supreme Court 1 to 3. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement), Article 232-2 of the Criminal Act (the point of private electronic records) as to the crime, Articles 234 and 232-2 of the Criminal Act (the point of private electronic records) of each Criminal Act, Article 230 of the Criminal Act, Article 37 subparagraph 8 of the Resident Registration Act (the point of non-use of private documents), Article 231 of each Criminal Act (the point of fraud), Articles 234 and 231 of the Criminal Act, Article 30 of each Criminal Act for some crimes of public offering

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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