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(영문) 부산고등법원 2019.06.13 2018노631
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below to the defendant (No. 1: 5 years of imprisonment with prison labor, No. 2: 6 months of imprisonment with prison labor) is too unreasonable.

B. The sentence of imprisonment (five years of imprisonment) imposed by the first instance court is too unhued and unreasonable.

2. We examine ex officio the judgment on the grounds for appeal by the defendant and prosecutor.

The judgment of the first and second court rendered each judgment, and the defendant and the prosecutor filed each appeal against the judgment of the second court, and this court decided to concurrently examine each of the above appeal cases.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal due to a consolidated hearing, and the following is again decided upon without examining each of the alleged unfair sentencing by the defendant and the prosecutor.

[Grounds for the judgment of the court below] In addition to adding "entry of the defendant in the first instance trial record in the trial record of the court below" to the facts constituting an offense and summary of evidence recognized by the court of this court, summary of evidence of "2017 High-Risk 306" case, "2017 High-Risk 388" case and summary of evidence of "2017 High-Risk 462" case, it is identical to the entry of the defendant in each corresponding column of the court below's judgment. Thus, it shall be cited pursuant to

Application of Statutes

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 15256, Dec. 19, 2017); Articles 347(1) and 30 of the Criminal Act (amended by Act No. 15256, Dec. 19, 201); Article 347(1) of the Criminal Act (the fraud of the victim G); Article 347(1) of the Criminal Act (the fraud of each money; the choice of imprisonment).

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