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(영문) 대구지방법원 2016.08.26 2016노2109
사기
Text

The judgment below

Part excluding the application part for compensation order among those shall be reversed.

The defendant is judged by the court below.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

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

According to the records of this case, on May 3, 2011, the Defendant was sentenced to a suspended sentence of two years on May 12, 201, for embezzlement, fabrication of private documents, and solicitation of the above investigation documents in the Daegu District Court branch on May 3, 201, and the judgment became final and conclusive on May 12, 201 (hereinafter “final and conclusive judgment”) (hereinafter “final and conclusive judgment”). ② In addition, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Daegu District Court branch on May 21, 201, and on February 24, 201, the judgment became final and conclusive (hereinafter “second final judgment”) (hereinafter “the final and conclusive judgment”) and the crime of final and conclusive judgment on February 24, 201 can be recognized respectively.

Therefore, each crime of fraud under Article 1(1) of the 2015 senior group 691 and Article 1 of the 2015 senior group 757 "the 2015 senior group 757 senior group) of the judgment of the court below against the defendant is committed before the date on which the first final judgment becomes final and conclusive, and the records of this case are as follows: ① the defendant was sentenced to a suspension of execution of one year and six months due to occupational breach of trust, etc. on November 14, 2006 at the Support of the Daegu District Court, the defendant was sentenced to a suspension of execution of one year and six months due to occupational breach of trust, etc. on May 4, 2007; ② the crime of forging private documents recognized by the final and conclusive judgment, and the crime of forging the above investigation documents was recognized before the date on which the final and conclusive judgment became final and conclusive on May 4, 2007.

In relation to the concurrent crimes of the latter part of Article 37 of the Criminal Act, in consideration of equity with the case where a judgment is rendered simultaneously in accordance with the first part of Article 39(1) of the Criminal Act, each of the crimes of frauds in Articles 1 and 1 of the 2015 Highest 691 of the Criminal Act and Article 1 of the 2015 Highest 757 Highest 757 of the Criminal Act are committed.

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