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(영문) 창원지방법원 2021.03.25 2020노2867
사기
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance excluding each compensation order shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The first instance court accepted the application for compensation filed by the applicant B and C, and the second instance court accepted the application for compensation filed by the applicantO, and the Defendant shall be deemed to have appealed each compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings by filing an appeal against the lower judgment. However, the Defendant did not assert the grounds for appeal regarding each of the compensation order rendered by the first and second lower court, but even upon ex officio examination, the Defendant did not assert the grounds for appeal regarding each of the compensation order granted by the first and second lower court’s judgment, and therefore, the grounds for revoking and changing each of the cited compensation order among the first and second lower judgment cannot be found. Therefore, each of the cited parts of the first and second lower judgment should be maintained as it is.

2. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for three years, and the second instance court: imprisonment with prison labor for four months) by the lower court is too unreasonable.

3. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings on the above two appeals cases. The crimes of the first and second judgment on the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment of the court of first and second judgment cannot be maintained as they are.

4. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the part of the judgment of the court below excluding each order for compensation among the judgment of the court below Nos. 1 and 2 pursuant to Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided as follows, without examining the defendant's unfair argument of sentencing.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in each corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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