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(영문) 대구지방법원 2014.06.12 2013노3287
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

23,000,000 won from the defendant.

Reasons

1. Each sentence (Article 1 and 2 months of imprisonment with prison labor, and Articles 4 and 3 of the original judgment: Imprisonment with prison labor, 6 months of imprisonment with prison labor, and collection of penalty) that the original judgment rendered by the original judgment on the gist of the grounds for appeal is too unreasonable.

2. The Court ex officio rendered a consolidated examination of each appeal against the judgment below.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and (2), Article 30 (a) of the Criminal Act applicable to the facts constituting an offense, Article 347(1) and (2), Article 347(1) (a) of the Criminal Act (a point of fraud against the victim'sO and X) of the Act, Article 111(1) of the Attorney-at-Law Act (a point of receipt of money and valuables under solicitation);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing Article 116 of the Attorney-at-Law Act is that the defendant recognized all the crimes and misunderstandings in depth, and the victims do not want the punishment against the defendant in the trial.

However, on January 13, 2010, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution on the grounds of fraud, etc., and committed fraud with the victim G during the suspended execution period, and committed fraud with the victimO and the victim X repeatedly.

The criminal defendant committed the fraud against the victim G shall be a factory site in collusion with B.

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