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(영문) 수원지방법원 2020.06.12 2019노5522
사기등
Text

The remaining parts of the judgment of the court of first instance excluding the compensation order part and the judgment of the court of second instance are reversed.

Reasons

1. The summary of the grounds for appeal Nos. 1 and 2 of the lower court’s respective punishments (the first instance court’s imprisonment with prison labor for three years, and the second instance court’s imprisonment with prison labor for six months) are too unreasonable.

2. The Defendant filed an appeal against all of the judgment below, and this court decided to hold a joint hearing of two appeals cases.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act and the sentence should be imposed in accordance with Article 38(1) of the Criminal Act, the guilty part of the judgment of the first and the judgment of the second court cannot be maintained as it is.

3. As such, the remaining part of the judgment of the court of first instance excluding the compensation order part and the judgment of the court of second instance excluding the above part of the judgment of the court of first instance excluding the compensation order part among the judgment of the court of first instance excluding the compensation order part among the judgment of the court below excluding the compensation order part among the judgment of the court of first instance

【The remaining parts of the judgment of the court of first instance excluding the part of the compensation order, and the reasoning of the judgment of the court of second instance excluding the part of the judgment of the court of second instance ] criminal facts and the summary of evidence acknowledged by the court of second instance - are the same as the entries of the judgment of the court

Application of Statutes

1. Article 347(1) of the Criminal Act (including fraud, victim F, G, C, X, Y, Z, AC, AD, B, AB, and CE) applicable to the crime, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Civil Act, Article 37 subparag. 10 of the Resident Registration Act, Article 37 subparag. 10 of the Resident Registration Act, and each choice of imprisonment;

1. Of concurrent crimes, the crime of fraud in this case is committed on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes stipulated in the crime of fraud against victims CE with the largest punishment and penality). 13.

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