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(영문) 부산지방법원 2015.01.23 2014노3054
사기
Text

Of the judgment of the court below of first instance, the part against Defendant A and the judgment of second court shall be reversed.

Defendant

A 1.

Reasons

1. The summary of the grounds for appeal is that the first instance court’s punishment of KRW 7 million imposed on Defendant L, KRW 3 million imposed on Defendant M, KRW 4 million imposed on Defendant M, and KRW 7 million imposed on Defendant A, and KRW 7 million imposed on Defendant A is too unreasonable. The second instance court’s imprisonment with labor for 6 months imposed on Defendant A is too unreasonable.

2. From the judgment of the court of first instance as to the part of the judgment of the court below as to the defendant A and the reasons for appeal as to the judgment of the court of first instance ex officio, the records show that the above defendant was sentenced on September 29, 201 to 6 months of imprisonment with prison labor and 2 years of suspended execution for the crime of injury, etc. at the Busan District Court's Dong Branch branch branch branch, etc. on September 29, 201, and that the above judgment became final and conclusive on October 7, 2011. Since each crime of fraud as stated in Articles 5 and 6 of the judgment of the court of first instance is in a concurrent relationship with each of the above crimes for which the judgment of the court of first instance becomes final and the latter part of Article 37 of the Criminal Act, each of the crimes listed in Articles 5 and 17 of the judgment of the court of first instance is concurrent with each of the above crimes listed in Articles 39(1) of the Criminal Act, and since each of the crimes listed in Articles 5 and 17 of the judgment below is maintained.

In addition, on June 13, 2014, the above defendant was sentenced to imprisonment for two months or more and imprisonment for one year and six months at the Busan District Court on the grounds of a violation of the Road Traffic Act, etc., and it can be recognized that the above judgment became final and conclusive on September 25, 2014. Thus, each of the crimes of defendant A and each of the crimes of the judgment of the court below as stated in the judgment of the court of first instance becomes final and conclusive.

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