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(영문) 수원지방법원 2014.12.22 2014노4778
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance court: the imprisonment of one year and six months, and the second instance court: the imprisonment of six months) is too unreasonable.

B. The first instance court’s sentence of the Prosecutor is too unhued and unreasonable.

2. Before deciding on the grounds for appeal ex officio, the court of first and second instance examined the defendant's appeal cases by combining them with the court of first and second instance. Each of the crimes of the court of first and second instance against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the defendant should be punished with a single sentence within the term or amount of punishment for which concurrent crimes are aggravated under Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained in this respect.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence recognized by the court is the same as the entries in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 347(1) of the Criminal Act of the corresponding Article 347(1) of the Criminal Act for the crime (with regard to the fraud against the victim D, collectively referred to as imprisonment), Articles 347(1) and 34(1) of the Criminal Act (with regard to the fraud against the victim K, collectively with regard to the fraud, choice of imprisonment);

1. Of concurrent crimes, the crime of the first instance court of this case for the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among the concurrent crimes, shall be obtained by deceiving KRW 130 million from the victim D through 92 times. The crime of this case by the second instance court of this case shall be obtained by deceiving KRW 10 million from the victim K 47 times through 47 times. Such a large amount of damage and the details of deception and the method of criminal acts are very poor, and further, the defendant shall be punished by the same crime.

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