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(영문) 부산지방법원 2015.05.28 2014노4401
사기등
Text

All judgment of the court below shall be reversed.

(1) A fine shall be imposed on the first offense as indicated in the judgment of the court of first instance.

Reasons

1. The summary of the grounds for appeal that the first instance court sentenced to the defendant (the first instance crime: imprisonment with prison labor for 2 months, the first B to 8 crimes as stated in the judgment: imprisonment with prison labor for 1 year and 6 months) and the second instance court's sentence for the defendant is too unreasonable.

2. Determination

A. In regard to the crime of Article 1 of the judgment of the court of first instance, among the judgment of the court of first instance, as to the crime of Article 1 of the judgment of the court of first instance, this part of the crime of fraud is that the defendant deceivings the victim C, thereby defrauding the victim KRW 11 million, and the crime is not good in light of the circumstances of the crime, the amount of defraudation, etc.

However, in full view of the following circumstances: (a) the Defendant agreed solely with the victim C when the Defendant was in the trial; (b) the crime of fraud for which the first head judgment of the first instance judgment on the crime of the crime of the first instance became final and the latter part of Article 37 of the Criminal Act is concurrent crimes; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) other circumstances that form the condition for the sentencing of the instant case, such as the circumstances after the crime, etc., the sentence imposed on

Therefore, this part of the defendant's argument is justified.

B. We examine the part concerning the crime No. 1-b through 8 of the judgment of the court of first instance and the judgment on the grounds for appeal by the defendant of the judgment of the court of second instance.

The judgment of the court of first instance and the judgment of the court of second instance rendered each of the above two rulings against the defendant, and the defendant filed each appeal against the above two rulings, and the court decided to jointly examine each of the above appeals cases.

Therefore, among the crimes of Articles 1-b through 8 and 2 of the judgment of the court of first instance, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act. Therefore, the part concerning the crimes of Articles 1-b through 8 of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained

3. Conclusion, the judgment of the court of first instance is rendered.

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