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(영문) 서울남부지방법원 2014.11.28 2014노1142
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (a fine of 2.5 million won) declared by the lower court is too unhued and unreasonable.

2. We examine ex officio determination. According to the records of this case, on July 2, 2014, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Central District Court on July 2, 2014, and the judgment became final and conclusive on August 2, 2014. On November 6, 2014, the Seoul Southern District Court sentenced one year of suspension of execution to four months for a crime of perjury, which became final and conclusive on November 14, 2014. As above, each of the crimes for which judgment became final and conclusive and the crimes of this case were related to the concurrent crimes under the latter part of Article 37 of the Criminal Act, and determined a sentence after considering equity with the case at which judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence. Thus, the judgment below was no longer maintained.

3. The judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is also ruled as follows.

Criminal facts

The summary of the facts charged and the evidence of the defendant recognized by this court is as follows: "The defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Central District Court on July 2, 2014 and the above judgment became final and conclusive on August 2, 2014; on November 6, 2014, the Seoul Southern District Court sentenced one year of suspended execution to four months of imprisonment for a crime of perjury at the Seoul Southern District Court on November 14, 2014; and on November 14, 2014, the above judgment became final and conclusive on November 14, 2014" 1. The summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for addition of "a copy of the search of each case," and "a copy of the judgment" to the summary of the evidence. Thus, this is cited

Application of Statutes

1. Article 232 of the Criminal Act applicable to the crime, the choice of punishment (the preparation of private documents by qualification) and Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act (the use of private documents prepared for qualification) and Article 347 (1) of the Criminal Act (the use of fraud), and the selection of fines.

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