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(영문) 대구지방법원 2014.12.18 2013노3056
사기등
Text

Of the judgment of the first and second court and the judgment of the third court, the part against Defendant B and A and Defendant B among the judgment of the court of first and second instance.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s sentence (the first instance court’s sentence: 3 years of imprisonment; 3 years of imprisonment; 3 months of imprisonment; 3 months of imprisonment; and 1 year of imprisonment) imposed on the Defendant is too unreasonable.

B. Defendant A’s sentence (the second judgment: imprisonment with prison labor for 2 years and 6 months, and the third judgment: imprisonment with prison labor for 3 months) imposed by the lower court is too unreasonable.

C. Defendant BX’s sentence (6 months of imprisonment with prison labor) sentenced by the lower court is too unreasonable.

According to the evidence submitted by the prosecutor (as to Defendant B and K in the judgment of the fourth court), according to the fact-finding that the defendants deceiving the victim BY and acquired 41,575,000 won for the remainder of the purchase price for the three parcels, other than the Gyeong-gun, Seongbuk-gun, and that Defendant B acquired 20 million won from the victim for the loan borrowed by deceiving the above victim. Nevertheless, the judgment of the court below that acquitted the Defendants of this part of the facts charged is erroneous and adversely affecting the conclusion of the judgment by misunderstanding the facts. 2) The sentence sentenced by the court below to Defendant B is too unjustifiable and unreasonable.

2. Ex officio determination (as to Defendants B and A), this Court decided to consolidate the appeals cases of the judgment of the court below, and as long as the facts found guilty by the judgment of the court of the court of the second instance against Defendant B and the facts found guilty by the judgment of the court of the court of the third instance against Defendant A are concurrent crimes under the former part of Article 37 of the Criminal Act by each of the defendants, it is necessary to simultaneously render a judgment and sentence a single punishment.

In this respect, among the judgment of the first and second court and the judgment of the third court, the guilty part against the defendant B and the judgment of the court of first and second court cannot be maintained any more.

3. The Defendant again committed the instant crime during the period of repeated crime against Defendant BX’s assertion.

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