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(영문) 의정부지방법원 2021.01.28 2020노2100
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the first instance court: imprisonment with prison labor for one year, and the second instance: fine of 5,00,000) is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed each appeal against them, and the court decided to concurrently examine the above two appeals cases.

The first and second judgment of the court below was unable to maintain as it is, since each crime of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38 of the Criminal Act.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

[Grounds for the new judgment] The summary of facts constituting a crime and evidence is identical to the corresponding column of each of the judgment below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 232 (Preparation of Private Document for Qualification, Selection of Imprisonment), 234 and 232 (Election of Exercise of Private Document for Qualification) of the Criminal Act, Article 231 of the Criminal Act (Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (Article 234 of the Criminal Act, Selection of Punishment of Imprisonment), Article 347 (1) of the Criminal Act (Article 347 of the Criminal Act) concerning the crime;

1. The reason for sentencing under Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Act on the Aggravated Punishment of Concurrent Crimes shows an attitude that the defendant reflects the defendant's mistake in depth.

C, who is aware of the name of the real estate sale contract, has revoked the complaint against the defendant, and submitted a written application for punishment to the court of the original instance.

It is not so much that the amount of the defrauded damage to the victim W is, and the victim W was fully repaid the total amount of the damage and fully agreed.

On the other hand, the defendant's real estate sale contract.

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