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(영문) 인천지방법원 2018.07.05 2017노4747
사기등
Text

All judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment of one year and two months, and by imprisonment of two years, respectively.

Reasons

1. Summary of grounds for appeal;

A. Each of the punishments (the first instance judgment: imprisonment with prison labor for 1 year and 2 months, and fine for 10 million won: the second instance judgment) that Defendant A (the sentencing for the first and second lower judgment) sentenced by the lower court to Defendant A is too unreasonable.

B. Each punishment (the judgment of the court of first instance: imprisonment of 1 year and 2 months; fine of 7 million won: fine of 3 million won; and imprisonment of 1 year and 3 years) that the court of first instance sentenced to Defendant B by Defendant B (the judgment of the court of first instance against the judgment of the court of first instance against the judgment of the court of first instance), 2, and 3, is unfair.

(c)

According to the evidence submitted by the prosecutor (a mistake of the facts about the acquittal portion of the first instance judgment, and the sentencing of the first and third lower judgment), even if Defendant B’s Defendant B’s crime of fraud of borrowing funds against the victim AJ on June 10, 2015, the lower court acquitted Defendant B of this part of the charges. In so doing, the lower court erred by misapprehending the facts about the acquittal portion of the first instance judgment and adversely affecting the conclusion of the judgment.

In addition, the first instance court's first instance court's sentence against the Defendants, which was sentenced to the Defendant B by the third instance court, is too uneasible and unfair.

2. As a result of the judgment on the grounds of each appeal by the Defendants and the prosecutor, the judgment of the court below 1, 2, and 3 against the Defendant A ex officio, and the judgment of the court below 1, 2, and 3 against the Defendant B, and the Defendants filed an appeal as to each of the above judgment of the court below, and the public prosecutor filed an appeal as to the judgment of the court below 1, 3, and this court decided to hold a joint trial as to each of the above appeal cases. Each of the offenses against Defendant A, including the first, second, second, and third, the judgment of the court below, and the judgment of the court 1, 2, and 3, with respect to each of the offenses against Defendant B, shall be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act, since each of the offenses against the judgment of the court 1, 2, and 3, with respect to the former part of Article 37 of the Criminal Act.

However, the above reasons for reversal exist.

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