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(영문) 대전지방법원 2014.02.12 2013노1168
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. Ex officio determination

A. The Defendant did not submit the statement of grounds for appeal within the deadline for submitting the statement of grounds for appeal, and the appeal does not contain the grounds for appeal, but there are grounds for ex officio reversal, as examined below, the dismissal of appeal under Article 361-4(1) of the Criminal Procedure Act is not decided, and a judgment shall

B. On November 24, 2010, the Defendant was sentenced to imprisonment with prison labor for 6 months in Seoul Southern District Court 2010Kadan2826, and the above judgment became final and conclusive on December 2, 2010, and on July 6, 2012, the Seoul Southern District Court 201No638, which became final and conclusive on July 14, 2012 by being sentenced to two years of imprisonment due to a violation of the Punishment of Violences, etc. Act (joint conflict).

However, since the crime decided by the court below is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with each of the above crimes and the latter part of Article 37 of the Criminal Act, the court below’s decision without considering the latter part of Article 37 of the Criminal Act is no longer maintained, since equity in the case of concurrent crimes under Article 39(1) of the Criminal Act shall

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is decided as follows.

Criminal facts

The summary of the facts constituting the crime against the defendant and the summary of the evidence admitted by this court is as follows, except for adding "the defendant is sentenced to six months of imprisonment and two years of suspension of execution at the Seoul Southern District Court on November 24, 2010, and the judgment was finalized on December 2, 2010, and two years of imprisonment for violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Southern District Court on July 6, 2012, and the judgment was finalized on July 14, 2012" to "the judgment was finalized on July 14, 2012."

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