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(영문) 부산지방법원 2014.08.05 2014노1704
사기
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the defendant (the first instance court's decision, the second instance court's decision, the third instance court's decision, the 50,000 won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of 2014No1704 of this Court, which is the appeal case against the judgment of the court of first instance, the case of 2014No1789 of this Court, which is the appeal case against the judgment of the court of second instance, and the case of 2014No2305 of this Court, which is the appeal case against the judgment of the court of second instance, was consolidated in the proceedings for the first instance. Each of the offenses committed by the judgment of the court below, shall be sentenced to a single sentence within the scope of aggravated concurrent offenses in accordance with Article 38(1) of the Criminal Act, since each of the offenses committed by the judgment of the court below

In addition, according to the records, the defendant was sentenced to eight months of imprisonment for habitual fraud at the Busan District Court on July 3, 2014 and the judgment became final and conclusive on the 11th of the same month. Each of the above crimes in the judgment of the court below is not only criminal records but also concurrent crimes under the latter part of Article 37 of the Criminal Act since the above crimes for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act. Since the crime in the judgment of the court below and each of the above crimes for which judgment of the court below has become final and conclusive in accordance with Article 39(1) of the Criminal Act are determined by the punishment after considering the case at

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining all the judgment of the court below on the defendant's allegation of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court in question is that "the defendant is the defendant on July 3, 2014."

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