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(영문) 서울서부지방법원 2018.01.18 2017노1086
사기등
Text

The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance are reversed.

The defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for a period of two years, and the second instance court: imprisonment with prison labor for a period of two months) by each court below is too unreasonable.

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

In the first instance trial, the defendant's appeal case against each judgment of the court below was combined, and since the offense against the defendant in each judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, the court of the first instance should pronounce one sentence in accordance with Article 38 (1) of the Criminal Act.

Therefore, the part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance cannot be maintained as they are.

3. As such, since the part against the defendant among the judgment of the court of first instance and the judgment of the court of second instance are reversed ex officio, the judgment of the court below is reversed without examining the defendant's unfair argument about sentencing, and all of them are reversed, and the judgment below is delivered again through the pleading as follows.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act and Article 347(1) (excluding the fraud committed with B), Article 347(1), Article 30 (a), Article 330 (a), Article 231 (a) of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234, and 231 (ab) of the Criminal Act, each of the choice of punishment for the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act by deceiving various victims, and the amount obtained by deception is KRW 240,240,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

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