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(영문) 부산지방법원 2015.01.07 2014노3529
사기
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the judgments of the court below (the first instance judgment: the fine of KRW 4 million; the fine of KRW 1.5 million: the second judgment); and the fine of KRW 1.5 million) is too unreasonable.

2. The crimes of the first and second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act. Since the court below's concurrent deliberation of each case and then selected the same type of punishment for each crime, it is necessary to render a single sentence for each of the above crimes in accordance with Article 38 (1) of the Criminal Act. In this regard, the first and second judgment of the court below cannot escape from reversal.

3. As above, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is determined after pleadings, since there are reasons for ex officio reversal.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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