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(영문) 서울중앙지방법원 2014.06.05 2013노4158
횡령등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the sentence of the court below No. 1: 2 years, and the sentence of the court below No. 2: 8 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case of 2013No4158 of this Court, which is the appeal case against the judgment of the court of first instance, and the case of 2014No1353 of this Court, which is the appeal case against the judgment of the court of second instance, was consolidated. Each of the offenses committed by the judgment of the court below, in all of the concurrent offenses under the former part of Article 37 of the Criminal Act, should be sentenced to a single sentence for the whole of the above offenses pursuant to Article 38(1)2 of the Criminal Act. In this regard, the judgment of the court below

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) Each embezzlement: Article 355(1) of the Criminal Act;

(b) Each fraud: Article 347(1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated offenders (as to each embezzlement and each fraud against victim F, I, M, N, and AI at the market)

1. Of concurrent crimes, the scope of recommendations given in the sentencing guidelines for 30 years from one month to 30 years from the applicable sentencing period for the reasons for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. A person who has been punished by imprisonment with prison labor for one year and eight months (if any) to six years (if the punishment and territory are included: the aggravated area of the type 2 of general fraud (if the amount of profit is not less than 100 million won but less than 500 million won), which shall be considered as an aggravated factor;

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