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(영문) 서울고등법원 2017.03.24 2016노3205
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for seven years.

Seized evidence 4 through 14, 16, 24, 26.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the first and second original judgment of Defendant 1 (the first instance judgment: imprisonment with prison labor for six years, and imprisonment with prison labor for eight months) is too unreasonable.

(b) The sentence sentenced to the first and third original judgment of the Prosecutor (the third original judgment: the fine of KRW 5 million) is too uneased and unjust;

2. Prior to the judgment on the grounds for appeal, the judgment of the first and the second and third court judgment against the defendant was rendered, and the defendant filed an appeal against the first and second court judgment against the judgment of the court below, and this court decided to hold concurrent hearings against the above three cases. The above judgment of the court below against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act and shall be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio reversal grounds, and it is again decided as follows.

Criminal facts and the summary of evidence recognized by the court are the same as the corresponding column of the first, second, and third original adjudication, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1), 30 (the fraud described in Article 1 of the judgment of the first instance against the victim D and the fraud against the victim'sO as stated in the judgment of the first instance court against the victim D), Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) and 30 of the Criminal Act (including the fraud described in subparagraph 1-B of the judgment of the first instance against the victim D), Articles 228(1) and 30 of the Criminal Act (including the fraud described in subparagraph 1-B of the judgment of the first instance against the victim D), Articles 229, 228(1), and 228(1) and 30 of the Criminal Act, Articles 228(1) and 228(1) and 30 of the Criminal Act (the selection of imprisonment with labor for an electronic record) of the Criminal Act.

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