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(영문) 광주지방법원 2016.02.03 2015노3288
사기등
Text

The judgment below

Of the judgments of the court below, Articles 1 and 2-2

(b).

The parts of each crime provided for in paragraphs (1), (3) through (5) shall be reversed.

Reasons

1. Summary of the grounds for appeal (Articles 1 and 2-2 of the decision of the court below)

(b).

The crimes of paragraphs (1), (3) through (5): Imprisonment with prison labor for 6 months, and 2-1 (2-2 (a) of the judgment of the court below for 2 million won) are too unreasonable.

2. The judgment of the court below that the defendant committed the crime of this case repeatedly against multiple victims even during the suspension period of execution due to the previous conviction in the judgment of the court below which held that the defendant had concurrent crimes after Article 37 of the Criminal Act, and that the sum of the amount obtained by deceit or embezzlement after November 9, 2012, which was the date when the above previous conviction was finalized, exceeds 32,803,200 won, and that there was a record of being punished for embezzlement in 2002, while the defendant's mistake and reflects against himself, the victim E (1,680,000 won), S (1,680,000 won), representative AA (2,594,200,000 won), I (2,90,000 won), L (290,000 won) (2,90,000 won), circumstances in the judgment of the court below among the crimes of this case, and circumstances in the judgment of the court below as seen in the above, and following various circumstances.

(b).

The part concerning each of the crimes in paragraphs (1) and (3) through (5) is deemed unfair, but the part concerning the remaining crimes is not deemed unfair, so the defendant's assertion is justified within the scope of the above recognition.

3. In conclusion, the defendant's appeal Nos. 1 and 2-2 of the decision of the court below

(b).

The judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, since the part concerning each of the crimes in paragraphs (1), (3) through (5) is well-grounded, and the judgment below shall be ruled again after pleading as follows. The part concerning the crime No. 2-A of the judgment of the court below shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since there is no reason for it.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

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