logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.11.13 2014노2752
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of the grounds for appeal: The punishment of the original court (one year: imprisonment with prison labor for the first instance and four months in prison for the second instance) shall be too unreasonable;

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, all of the crimes in the judgment of the court below of this case are concurrent crimes as provided in the former part of Article 37 of the Criminal Act, and as long as this court concurrently examines and examines these crimes, one punishment shall be imposed on each of the above crimes pursuant to Article 38 of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above, and it is again decided as follows.

Criminal facts

The summary of the facts of the crime and evidence acknowledged by this court is as follows: "victim L" as stated in paragraph (4) of the facts of the crime in the judgment of the court below in the case of 2014No2752 is deemed as "victim Hyundai Capital Co., Ltd."; and "victim L who is an employee of the branch of the modern Capital Capital branch of the victim" as "L who is an employee of the branch of the modern Capital Capital branch of the victim" as stated in the main sentence is as stated in each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to criminal facts, Article 347(1) of the choice of punishment (the addition of Article 30 of the Criminal Act to fraud against Hyundai Capital Capital Co., Ltd. as indicated in the holding), Articles 231 and 30 of the Criminal Act (the use of private documents) Articles 234 and 231 of the Criminal Act (the use of private documents), Articles 228 and 229 of the Criminal Act, Articles 229 of the Criminal Act (the use of false entry in the original of notarial deed), each of the choice of imprisonment

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

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are the same.

arrow