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(영문) 광주지방법원 2017.08.08 2016노5117
사기등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of two years and three months.

Reasons

1. The defendant asserts that, while the court below's punishment is too excessive and unfair, the prosecutor asserts that the first instance court's punishment is too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, this Court decided to concurrently examine the appeal cases against the lower judgment. Each of the lower judgment against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the lower judgment cannot be maintained.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 70 (1) 4 (the point of using credit card acquired by deception) of the Act on Special Cases concerning Credit Business, Article 347-2 of the Criminal Act, each of the said Act on the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Each of the instant crimes with reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is deemed to have been committed by the Defendant, on a total of 126 occasions over a total of two years and eight months from October 2013 to June 2016.

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