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(영문) 의정부지방법원 2018.12.18 2017노1987
사기
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing): The sentence of the lower court (the first instance judgment: the fine of KRW 2 million; the fine of KRW 3 million; the fine of KRW 3 million; the fine of KRW 3 million; the fine of KRW 40,000; the fine of KRW 500,000) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A. The appeal case against the lower judgment was consolidated in the first instance trial, and each of the offenses against the Defendants as stated in the lower judgment against the Defendants is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the lower judgment was unable to be maintained as it is.

B. On February 3, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for occupational embezzlement, etc. from the first branch of the Chuncheon District Court’s branch on July 27, 2017, and the judgment became final and conclusive on July 27, 2017. Each of the above crimes and each of the above crimes, for which the judgment of the lower court against the Defendant became final and conclusive, are in a concurrent crime relationship with the latter part of Article 37 of the Criminal Act, and should be sentenced in consideration of equity in cases where the judgment is to be rendered at the same time

The judgment of the court below in Articles 1 through 3 cannot be maintained in this regard.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

【Grounds for another judgment】 The facts constituting a crime and summary of evidence recognized by the court and the summary of the evidence are the first head of the crime subject to the first judgment of 1 to 3 Supreme Court Decision, “The Defendant was sentenced to one year to imprisonment with prison labor for an occupational embezzlement, etc. from the first branch of Chuncheon District Court on February 3, 2017, and the said judgment became final and conclusive on July 27, 2017.

“A previous conviction in the judgment of the court below” is added to “a previous conviction in the judgment of the court below,” and the summary information of each case is added to “a separate inquiry.”

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