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(영문) 부산지방법원 2013.05.31 2013노265
사기
Text

The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed, respectively.

Defendant shall be punished by imprisonment.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, the crimes in the first and second judgments are concurrent crimes under the former part of Article 37 of the Criminal Act. The court held that the crimes in the first and second judgments are concurrent crimes under the former part of Article 37 of the Criminal Act. Since the court decided each of the above crimes after combining the cases in the first and second judgments, it is necessary to issue a single sentence for each of the above crimes in accordance with Article 38(1) of the Criminal Act. As such, the part of the judgment of the court of first instance excluding the compensation order and the second judgment

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and Article 364(2) and Article 2 of the judgment of the court of first instance are reversed, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding column of the judgment of the court below, except for addition of the attached crime list to the facts constituting the crime of the court of second instance. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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