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(영문) 부산지방법원 2016.12.23 2016노2681
사기등
Text

(1) Of the judgment of the court of first instance, the parts of the compensation order and the dismissal of the application for compensation order are excluded.

Reasons

1. The summary of the grounds for appeal that each sentence (No. 1: imprisonment of the court below, No. 3 years, and imprisonment of the court below, No. 2: 4 months) declared by the court below is too unreasonable.

2. This court decided to hold concurrent hearings of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance. On the other hand, each of the offenses against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment 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 part of the judgment of the court of first instance and the part of the dismissal of the application for compensation order and the part of the judgment of

3. As such, the part of the judgment of the court of first instance excluding the part of the compensation order and the part of the rejection of the application for compensation order, and the part of the judgment of the court of second instance excluding the part of the judgment of the court of first instance excluding the part of the compensation order and the rejection of the application for compensation order under Article 364(2) of the Criminal Procedure Act excluding the part of the judgment of the court of first instance excluding

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court of first and second instance. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (for frauds, victim D, J, M, C, P, N,O, and A, frauds against the victim, P, P, P, N,O, and A, the relevant victim shall be included), Articles 356 and 355(1) of the Criminal Act (in the case of occupational embezzlement, including the point of, and the combination of, occupational embezzlement), each

1. The reason for sentencing among concurrent crimes is that the sentencing is based on the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment stipulated in the crime of fraud against victim D with the largest offense and criminal circumstances).

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