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(영문) 수원지방법원 2016.11.25 2016노2644
사기
Text

The judgment of the court below is reversed.

As to the crime Nos. 1 and 2 of the judgment of the defendant, the crime No. 3 of the judgment shall be punished by imprisonment with prison labor for one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not deceiving victims as stated in the facts of the crime in the judgment of the court below, and the Defendant did not have the intention of defraudation because it was possible to cover the purchase of the stadium site and construction expenses with the proceeds of the above games because the successful holding of the heading office and the heading office and the heading office have been certain.

Nevertheless, the lower court found the Defendant guilty of all the charges of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Even if the facts charged of this case are found guilty, the sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. An ex officio decision on the grounds for appeal by a defendant: a crime for which a judgment with imprisonment without prison labor or heavier punishment has become final and a crime committed before such decision has become final and conclusive falls under concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, a crime for which a judgment has not been rendered among concurrent crimes under Article 39 (1) of the Criminal Act and a crime for which a judgment has not become final and conclusive shall be sentenced

According to the evidence duly adopted and examined by the court below, the defendant was sentenced to a suspended sentence of two years for a crime of fraud at the Seoul Southern District Court on November 17, 2004, and the above judgment (hereinafter "the first final judgment") became final and conclusive on April 8, 2005, and the defendant was sentenced to a conviction of one year and six months for a crime of fraud at the Seoul East District Court on September 18, 2014, and the above judgment (hereinafter "the second final judgment") became final and conclusive on September 26, 2014; each crime of fraud against the victim F, M, and R in the judgment of the court below against the defendant is committed on or before the date when the first final judgment became final and conclusive; and the crime of fraud against the victim W among the crimes in the judgment of the court below against the defendant is committed on or before the date when the second final judgment became final and conclusive; and the first final judgment was committed on September 1, 2014.

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