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(영문) 부산지방법원 2016.11.10 2016노324
사기
Text

The judgment of the court below is reversed.

The defendant is written in the list of crimes (1) through 3 and the list of crimes (2) in the judgment of the court below.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Ex officio determination

A. In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, if a crime for which judgment has not yet become final and conclusive cannot be judged concurrently with a crime for which judgment has already become final and conclusive, it is reasonable to interpret that the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established and that the sentence may not be imposed or mitigated or remitted in consideration of equity and equity in the concurrent decision pursuant

(See Supreme Court Decision 2014Do469 Decided March 27, 2014, etc.). B.

According to the records, on June 18, 2010, the defendant was sentenced to two years of imprisonment with prison labor for fraud in Busan District Court's Dong Branch, and on June 26, 2010, the judgment (hereinafter "the final judgment") became final and conclusive on June 26, 2010. On August 9, 2013, the Busan District Court's Dong Branch, which was sentenced to one year of suspension of the execution of six months of imprisonment with prison labor for fraud, was final and conclusive on August 17, 2013 (hereinafter "the final and conclusive judgment"), and (2) each fraud described in the final and conclusive judgment, the list of crimes (1) through three (3) and the list of crimes (2) as stated in the judgment of the original court is all committed before the final and conclusive judgment, but the remainder of each fraud described in the judgment of the original court can be recognized as having been committed before the final and conclusive judgment.

According to the above facts, ① each crime of final and conclusive judgment and each crime of fraud listed in the table of crimes (1) through (3) as indicated in the judgment of the court below and the table of crimes (2) are concurrent crimes under the latter part of Article 37 of the Criminal Act. However, although each crime of fraud listed in the judgment of the court below is committed before the final and conclusive judgment is made, ② each crime of fraud listed in the judgment of the court below is committed before the final and conclusive judgment is made, but ② due to the final and conclusive judgment, it cannot be ruled simultaneously with the crime of fraud of final and conclusive judgment. Therefore, the relationship between fraud of final and conclusive judgment and the

Thus, each crime of the judgment below is established.

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