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(영문) 대구지방법원 2015.10.02 2014노2886
사기
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Each sentence (No. 1: a fine of one million won: a fine of two million won: a fine of two million won, a fine of two million won: a fine of two million won: a fine of two million won: a fine of two million won) imposed by the original court on the summary of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

As the consolidated defendant filed an appeal against the judgment below, each of the appeals cases was tried concurrently in the trial. As long as each of the facts alleged by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment. In this regard, the judgment of the court below cannot be maintained any more.

B. According to the records of this case, the Defendant, at the Daegu District Court on August 13, 2015, sentenced eight months to imprisonment for fraud, and the said judgment became final and conclusive on August 21, 2015. As such, each of the crimes of this case and the crime of fraud for which judgment became final and conclusive as stated above are concurrent crimes under the latter part of Article 37 of the Criminal Act, with regard to the relationship between the crimes of this case and the crime of fraud under the latter part of Article 37 of the Criminal Act, taking into account the equity and the mitigation of punishment or exemption, and after examining whether to reduce or exempt the punishment, the judgment below, which did not consider

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: "The defendant was sentenced to eight months in imprisonment with prison labor at the Daegu District Court on August 13, 2015 and the above judgment became final and conclusive on August 21, 2015" in the first head of each criminal charge of the judgment of the court below; and "1."

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