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부산지방법원 2017.02.09 2016노3563
사기등
Text

All convictions in the judgment of the court below 1 and 2 shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for four years, and Defendant B.

Reasons

1. The sentence (Defendant A: Imprisonment with prison labor for 6 years and confiscation (the first instance judgment), imprisonment for 10 months (the second instance judgment), imprisonment for 3 years (the first instance judgment) and imprisonment for 5 months (the second instance judgment)) that was pronounced in the original judgment is too unreasonable.

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

The Defendants filed an appeal against each of the above rulings upon receiving the first and second judgments of the lower court. This court decided to hold a joint hearing of the above two appeals cases.

In addition, the prosecutor applied for permission to amend the bill of amendment to the bill of amendment as stated in the revised indictment, as stated in the revised indictment, in the trial of the court of the first instance, and the subject of the trial was changed by this court's permission.

However, each crime of the first and second judgment against the Defendants is both concurrent crimes under the former part of Article 37 of the Criminal Act, and thus a single sentence is to be imposed pursuant to Article 38(1) of the Criminal Act. As such, each of the judgment below against the Defendants was unable to maintain the entire convictions of the first and second judgment.

3. Accordingly, the judgment of the court below is reversed and the guilty portion of the judgment of the court below in accordance with Article 364 (2) of the Criminal Procedure Act is reversed and it is again decided as follows, without examining the defendants' unfair argument of sentencing.

Criminal facts

The summary of facts and evidence admitted by this court is identical to the description of each corresponding part of the judgment below except for the modification of Article 2 of the judgment of the court below as stated in the facts charged in the annexed Form 1 as stated in the judgment of the court below. Thus, they are cited as it is by Article 369

Application of Statutes

1. The Defendants: Articles 347(1) and 30 of the Criminal Act (the point of fraud), Articles 6(1) and 3 of the Act on the Regulation of Similar Receiving Acts, and Articles 6(1) and 3 of the Criminal Act.

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