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(영문) 부산지방법원 2018.08.17 2018노213
사기등
Text

The judgment of the court below is reversed.

When the defendant is sentenced to 6 months of imprisonment with prison labor and 1 won of imprisonment with prison labor for the crime set forth in the first instance judgment.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court (the first instance judgment: imprisonment with prison labor for a year and April, and the second instance judgment: imprisonment with prison labor for a period of four months) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.

2. Determination

A. As to each judgment of the court below, the prosecutor filed each appeal against the judgment of the court of first instance regarding the judgment of the court below regarding the consolidation, and this court decided to hold the above appeal cases together with other appeals cases.

However, according to the records of this case, the Defendant was sentenced to imprisonment for a period of 8 months with prison labor for a violation of the Petroleum and Petroleum Substitute Fuel Business Act in the Dong branch of the Busan District Court on August 28, 2013, and the said judgment became final and conclusive on December 28, 2013.

The crime of fraud of a resolution by the original adjudication is a crime committed before the above judgment becomes final and conclusive, and each crime of a resolution by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original adjudication by the original

Therefore, we do not reverse the judgment of the court below in the first and second cases on the ground of the consolidated hearing, and we examine the judgment of the court below in the second and second cases.

B. B. Before determining the reasoning for ex officio appeal against the judgment of the court of first instance, the Defendant was sentenced ex officio in addition to the previous conviction of the first instance judgment as seen earlier, and the Defendant was sentenced on September 24, 2015 to a suspended sentence of one year for fraud at the Busan District Court on September 24, 2015, and the judgment became final and conclusive on April 5, 2016; ② on February 2, 2017, the Busan District Court was sentenced to a suspended sentence of two years for eight months on June 24, 2017 due to a violation of the Act on Specialized Credit Financial Business in the Busan District Court’s Dong Branch branch branch branch; ③ from the Busan District Court on August 8, 2017 to the Busan District Court on February 13, 2014.

4. Each crime of fraud, fabrication of a private document, and fraud of a falsified document, and fraud such as electronic records, and fraud such as electronic records, committed to the first patrol officer.

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