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(영문) 창원지방법원 2018.05.09 2017노3139
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Sentencing the sentencing of the gist of the grounds for appeal [the sentence of the lower court is 2 years (the first instance judgment) and 6 months (the second instance judgment)]

2. Judgment ex officio (ex officio reversal following a joint hearing) is deemed to have been ex officio prior to the judgment on grounds for appeal.

The Defendant filed an appeal against the lower judgment, and this Court decided to jointly deliberate on the two appeals cases.

The judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. As seen above, the judgment of the court below is reversed in its entirety by its authority pursuant to Article 364(2) of the Criminal Procedure Act without examining the reasoning for an unfair appeal against each of the judgment of the court below, on the grounds that there are grounds for reversal ex officio as seen in the above. The judgment below is reversed and it is so decided as follows,

【Grounds for the judgment in its entirety] The facts constituting a crime and summary of the evidence recognized by the court and summary of the evidence are as stated in the corresponding column of each judgment of the court, except that the phrase “fashion of private documents related to a fixed period, forgery of a false document, uttering of a falsified investigation document, and uttering of the above investigation document” as stated in Article 369 of the Criminal Procedure Act, and “fashion of a false document related to a fixed period, forgery of a false document, and uttering of the above investigation document” as stated in Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the facts constituting the crime in question (including the fraud, and the fraud about G), Article 231 of the Criminal Act (the above Article of private document), Articles 234 and 231 of the Criminal Act (the use of the above investigation document), Article 239(1) of the Criminal Act (the use of private signature) and Article 239(2) and (1) of the Criminal Act (the use of the above investigation document)

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of gambling documents in each of the above investigations as indicated in the judgment).

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