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(영문) 서울동부지방법원 2015.05.14 2015노209
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 2,000,000 won imposed by the court below) is too unreasonable.

2. In full view of the judgment on the grounds for appeal by the Defendant’s ex officio prior to the judgment on the grounds for appeal by authority, the following facts can be acknowledged: (a) the Defendant was sentenced to eight months imprisonment with prison labor at the Suwon District Court on February 5, 2015 and the judgment became final and conclusive on April 13, 2015; (b) the crime of fraud of this case committed before the judgment becomes final and conclusive is in the relation of concurrent crimes provided for in the latter part of Article 37 of the Criminal Act, taking into account the equity between the case where the instant fraud and the judgment become final and conclusive in accordance with Article 39(1) of the Criminal Act, taking into account the equity between the case where the instant fraud have become final and conclusive, and the mitigation or exemption of the sentence has become final and conclusive; and (c) the lower judgment that failed to take such measures become final and conclusive after examining the mitigation or exemption of the sentence.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and the following is again decided through pleading.

【Ad hoc the judgment of the court below’s 【criminal facts” in the first part of the judgment of the court below is as follows: “The defendant was sentenced to eight months of imprisonment by fraud, etc. at the Suwon District Court on February 5, 2015 and the judgment became final and conclusive on April 13, 2015”; “ad hoc the judgment of the court of first instance and the summary of evidence” are as stated in the judgment of the court below, with the exception of adding “ad hoc the judgment of the court of first instance: the defendant’s legal statement, decision (Supreme Court Decision 2015Do3459), written judgment (U.S. District Court Decision 2014No7374), and written judgment (U.S. District Court Decision 2014No4293).”

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