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(영문) 부산고등법원 2013.10.16 2013노249
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The summary of the grounds for appeal (the defendant) is too unreasonable that the original court's imprisonment (the four years of imprisonment) is too unreasonable;

2. Ex officio determination

A. The prosecutor changed the indictment to the indictment for the following reasons: the victim C, D, and E violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud) from among the facts charged in the instant case, applied for the amendment of the indictment to the effect that the modified criminal facts were changed (including attached Table 1 to 3) as stated in paragraphs 1 to 3 of the "the modified criminal facts"; and this court permitted the amendment to the indictment.

However, since the court below imposed a single punishment by putting the facts charged as Amendments to Bill of Indictment and the remaining facts charged as concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be reversed in its entirety.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) 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 constituting an offense and the summary of the evidence acknowledged by this court are as follows: (a) the facts constituting an offense and the summary of the evidence are as follows; and (b) except for the alteration of “attached Table 1 through 3” to “attached Table 1 through 3” in the judgment below, it is identical to the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

【Revised Crime】

1. On April 30, 2003, the Defendant committed the crime against the victim C stated that “The victim shall temporarily enter a bill at a discount on the central one’s own, at a place where it is impossible to identify the place,” and that “the victim shall pay the interest on every third-day loan and pay every month interest if he/she invests money in the name of the Central one’s own Fund.”

However, the defendant did not own any property at the time of fact.

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