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(영문) 서울중앙지방법원 2015.07.10 2015노1741
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s imprisonment (one year of imprisonment) is too unhued and unreasonable;

2. According to the records of ex officio determination, the Defendant was sentenced to one year of suspended sentence for a violation of the Labor Standards Act by the Seoul Central District Court on September 7, 201, and the judgment was finalized on April 7, 201. On August 14, 2014, the Seoul Central District Court sentenced the violation of the Labor Standards Act and three years of imprisonment for fraud and became final and conclusive on December 27, 2014.

As above, each of the crimes committed by the Defendant’s holding in the lower judgment is a violation of the Labor Standards Act, which became final and conclusive on April 7, 201, and a crime of violation of the Labor Standards Act, which became final and conclusive on December 27, 2014, and a crime of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of fraud, and thus, a sentence shall be imposed on the Defendant in consideration

However, the lower court, on December 27, 2014, omitted such consideration as to the violation of the Labor Standards Act, which became final and conclusive, and as to fraud, made it impossible to maintain any further.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

The facts of the crime and the summary of the evidence admitted by this court are the first head of the judgment of the court below. The part of the first head of the judgment of the court below stating that "the defendant was sentenced to one year of suspension of execution on September 7, 201 by imprisonment with prison labor for a violation of the Labor Standards Act at the Seoul Central District Court on September 7, 201 and the above judgment became final and conclusive on April 7, 201," which read "the defendant was sentenced to one year of suspension of execution for a violation of the Labor Standards Act at the Seoul Central District Court on September 7, 2010 and became final and conclusive on April 7, 201 as he was sentenced to a violation of the Labor Standards Act at the Seoul Central District Court on August 14, 2014, and was sentenced to three years of imprisonment with prison labor for a violation of the Labor Standards Act, and that the judgment became final and conclusive on December 2

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