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(영문) 인천지방법원 2016.12.16 2016노2648
사기등
Text

The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Two years of imprisonment.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment (No. 1 year of imprisonment: 1 year of imprisonment with prison labor; 1 year and 6 months of imprisonment with prison labor) declared by the court below is too unreasonable, and the prosecutor asserts that the above judgment of the court of first instance is too uneasible and unfair.

2. A judgment of ex officio and the prosecutor filed an appeal against the judgment of the court below and decided to concurrently examine the above appeal cases. Each of the offenses against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment, pursuant to Article 38(1) of the Criminal Act. Therefore, the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding compensation order among the judgment of the court of first instance

3. As such, the part of the judgment of the court of first instance excluding a compensation order and the judgment of the court of second instance excluding a compensation order excluding the above order , so the part of the judgment of the court of first instance excluding a compensation order and the judgment of the court of second instance excluding a compensation order among the judgment of the court of first instance under Article 364 (2) of the Criminal Procedure

Criminal facts

The summary of the facts charged and the evidence established by this court is as follows. Of the judgment of the court below in the second instance, the "18,719,418 won" in the second sentence 11 shall be deemed as "18,717,418 won", the "3,85,000 won" in the 6th sentence No. 13. The "3,855,000 won" shall be deemed as "3,85,000", the "1,731,000 won" in the 41.7th sentence No. 7,000 "118,719,418 won" in the sum shall be deemed as "118,717,418 won", and it shall be cited as it is in the corresponding column of the judgment of the court below, except for the cases where "118,717,418 won" in the second sentence is deemed as "3,85,000 won.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act (Fraud) and Article 355(1) of the Criminal Act concerning criminal facts shall be deemed as embezzlement.

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