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(영문) 제주지방법원 2021.02.04 2020노799
사기등
Text

Of the judgment of the court of first instance, the part of the judgment excluding the compensation order for L and Q and the judgment of the court of second instance shall be deemed respectively.

Reasons

1. Each sentence of the lower court (No. 1: Imprisonment with prison labor for 2 years and 6 months, and 2 months: imprisonment with prison labor for 2 months) against the Defendant based on the summary of the grounds for appeal is too unreasonable.

2. Ex officio determination

A. According to the records of the latter part of Article 37 of the Criminal Act, it is recognized that the defendant was sentenced to one year to imprisonment for habitual fraud, etc. at the high military court on October 8, 2019 and that the above judgment became final and conclusive on November 29, 2019. From among the crimes of Article 886 (1) of the Highest 886 of the judgment of the court below, the crime of fraud and Article 2 of the Criminal Act among the crimes of Article 2020 (1) of the judgment of the court of first instance, the above judgment of the court of first instance is in the relation of habitual fraud, etc. for which the judgment becomes final and conclusive, and Article 37 of the Criminal Act is in the relation of concurrent crimes of Article 39 (1) of the Criminal Act with the latter part of Article 37 of the Criminal Act, and thus, the sentence may no longer be maintained.

B. The judgment of the court below against the consolidated defendant was rendered, and the defendant filed an appeal against the above two appeals cases, and this court decided to hold concurrent hearings. Among the crimes of the first instance judgment against the above defendant, the remaining crimes except the crime of fraud and the crime of the second instance judgment against the above defendant on November 13, 2019 and the crime of the second instance judgment against the defendant on November 13, 2019 are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below and the second instance judgment cannot be maintained as they are.

(c)

1) Of the judgment of the court of first instance, the court of first instance rejected an application for compensation order filed by the applicantO of the court of first instance, and fully accepted each application for compensation order filed by the applicants for the remainder of the court of first instance. The defendant filed an appeal against the judgment of the court of first instance pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings by filing an appeal against the court of first instance

2) As to the compensation order portion for L and Q, the Defendant and the Defendant in the lower judgment.

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