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(영문) 수원지방법원 2017.08.25 2017노3746
사기
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

As to the crimes of Nos. 1 and 2 in the judgment of the defendant.

Reasons

1. The reasons for appeal (the crimes No. 1 and No. 2 in the judgment below: Imprisonment with prison labor for 4 months, and the crimes No. 3 in the judgment below: imprisonment with prison labor for 2 months) are too unreasonable.

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

According to records, each of the crimes of subparagraphs 1 and 2 in the holding is committed before the judgment of fraud in the holding on January 26, 2017 becomes final and conclusive, but the crime of fraud for which the judgment was made on January 26, 2017 is committed before the judgment of fraud in the holding on October 15, 2014 becomes final and conclusive, and thus, the crimes of subparagraphs 1 and 2 in the holding and the crime of fraud for which the judgment on January 26, 2017 becomes final and conclusive simultaneously.

Even if the judgment of fraud, etc. was made on October 7, 2015, the crime of subparagraph 3 of the judgment is committed before the judgment of fraud, etc. was made conclusive on October 7, 2015, but the crime of fraud, etc., which became final and conclusive on October 7, 2015, was committed before the judgment of fraud becomes final and conclusive on October 15, 2014, and thus, the crime of subparagraph 3 of the judgment and the crime of fraud, etc. of October 7, 2015, which became final and conclusive at the same

Even if the punishment should have been determined separately, the punishment should have been determined.

Nevertheless, the lower court determined the punishment for each of the crimes of Articles 1 and 2 as indicated in its holding, on October 7, 2015, in consideration of the crime of fraud, which became final and conclusive on October 7, 2015, and the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and the case where a judgment is rendered pursuant to Article 39(1) of the Criminal Act, so the lower judgment is no longer maintained.

3. In conclusion, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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