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(영문) 전주지방법원 2014.08.29 2014노216
사기등
Text

1. All of the judgment of the first instance except for a compensation order and the second judgment shall be reversed;

2. The defendant shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal (Article 1: 3 years and 6 months of imprisonment with prison labor and 6 months of imprisonment with prison labor) declared by the court below is too unreasonable.

2. Ex officio determination of ex officio, the court of first instance decided to hold concurrent hearings of each appeal case against the judgment of the court below. Each of the offenses against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and should be punished with a single sentence within the scope of the term of punishment increased by concurrent offenses pursuant to Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the court of first instance excluding the compensation order and the second judgment excluding the compensation order in the judgment of the court of second instance excluding the

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, since the above reasons for reversal of the judgment of the court below are grounds for reversal of the above authority, and all of the judgment of the court below with the exception of compensation order and the second judgment

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court are as follows: (a) from among the facts constituting an offense in the judgment of the court of first instance, the respective substitute units from Parts 4 to 18, 20, and 5, from Parts 12 to 14, from among the facts constituting an offense in the judgment of the court of first instance; (b) on the date and time of damage from No. 14 in the attached Table 2013 Godan167 from the date of damage from No. 15, 2013 to June 15, 2013; (c) “60,000 won” from the damaged amount No. 23 to “40,000 won”; and (d) “19,710,000 won” shall be deemed as “19,710,000 won”; and (d) “160,000 won” and “30,000 won” in the attached Table 2014Ga133.

Application of Statutes

1. Article 347(1) of the Criminal Act (the point of fraud) and Article 347(1) of the Electronic Financial Transactions Act concerning criminal facts.

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