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(영문) 부산지방법원 2016.09.08 2016노1150
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (as to paragraph (1) of the crime in the judgment of the court of Second Instance), the defendant seems to have asserted a mistake of facts as to paragraph (2) of the crime in the judgment of the court of Second Instance, but this cannot be a legitimate ground for appeal as it has been filed after the expiration of

The Defendant obtained the consent of theO, the nominal owner, on a change in the name of the lessee of the passenger car E200.

Nevertheless, the second instance judgment convicting of this part of the facts charged is erroneous and adversely affecting the conclusion of the judgment.

B. Each sentence imposed by the court below on the defendant (No. 1: imprisonment of August and No. 2: imprisonment of October) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

A. Article 63(1) of the Criminal Procedure Act provides that a service by public notice may be made when the domicile, office, or present address of a defendant is unknown. Articles 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Articles 18(2) and (3) and 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that service by public notice shall be made in cases where the location of the defendant is not verified even though the defendant was requested to investigate the location of the defendant, to issue a detention warrant, to correct his/her address, or to take other necessary measures to confirm the location of the defendant. Therefore, in cases where other addresses, contact address, etc. of the defendant appear in the record, service by public notice shall be made by public notice at that address, and service by public notice shall be made immediately without taking such measures against Article 63(1) and Article 365 of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see Supreme Court Decision 28, Jan. 28, 201).

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