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(영문) 수원지방법원 2018.06.07 2018노2185
사기
Text

The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment for eight months.

Reasons

1. Progression of litigation and scope of adjudication of this court;

A. A. The prosecutor brought an action against the Defendant and the Defendant for fraud against the Victim G (the first instance judgment) and the Defendant for fraud against the Victim AL (the second instance judgment). The first instance judgment ordered the Defendant to imprisonment with prison labor for six months, for four months against the said Co-Defendant B, for one year of suspended execution, and for two years of suspended execution, for two years of imprisonment with prison labor, for two years of suspended execution, for protection observation, and for 120 hours of community service order.

2) As to the judgment of the court below regarding the defendant Nos. 1 and 2, the defendant appealed against the judgment of the court of first instance on the grounds of unfair sentencing against the judgment of the court of first instance, and the judgment of the court prior to the return was reversed in entirety the judgment of the court below against the defendant on the grounds of the ground that the judgment of the court below was consolidated with the case of appeal Nos. 1 and 2 and the judgment of the court below on the grounds of ex officio reversal following the change in indictment of the fraudulent case No. 7368, 2015 and the judgment of the court of second instance on the grounds of the ex officio reversal following the change in indictment of the fraudulent case No. 7368, and the defendant

3) Only the Defendant filed an appeal, and the Supreme Court rendered a judgment that reversed the judgment of the party prior to remand on the ground that the judgment of the party prior to remand was a judgment following the improper publication service, and that the judgment was remanded.

B. Since only the Defendant filed an appeal against the judgment of the party before the remanding the scope of the trial in this Court, the part against the remaining co-defendants except the Defendant in the judgment of the court before the remanding the case shall be deemed to have been separated and determined by the way the period of appeal expires. Thus, the scope of the trial in this Court, which is the appellate court after the remanding, is limited to the part against the Defendant.

2. The summary of the grounds for appeal (unfair sentencing) 1 and the sentence of the lower court 2 (limited to 8 months of imprisonment, 2 years of suspended execution, 120 hours of community service) are deemed to be unfair, respectively.

3. Determination

A. Determination on the grounds for ex officio appeal

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