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(영문) 부산지방법원 2012.11.02 2012노1339
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding of facts as to the fraud listed in the annexed Table 200 to 317 of the lower court’s judgment: (a) although the fraud committed in this part was committed during the period in which the Defendant was detained due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape), the Defendant still constitutes a conspiracy of fraud with F. Therefore, the lower court erred by misapprehending the legal principles as to each of the crimes listed in the annexed Table 8, 10 through 12, 18, 20, 23, 41, 42, 47 through 49, 64, 66, 69 through 75, 120 through 146, 160 through 175, 164, 174, 184, 374 through 47, 375, 37, 47, 47, 47, 47, 57 of the lower judgment.

3) The sentence imposed by the lower court on the Defendant of an unreasonable sentencing (limited to four months of imprisonment and fine of twenty million won) is too uneased and unreasonable.

(b).

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