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(영문) 인천지방법원 2016.03.23 2016노80
사기
Text

The judgment below

Among the Defendants, the attached list 2 to 84 of the 2015 Highest 6121 case was re-written against the Defendants.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (the Defendants’ fines of 500,000 won and imprisonment of 10,000 won) are too unreasonable.

2. Determination

A. Ex officio determination (the part concerning each of the crimes listed in the [Attachment 2015 order 6121] in the [Attachment 2 to 84] of the [Attachment 2015 order 6121] case, as well as the crime of 2015 order 6379 order order, and as indicated in the holding, “The part concerning each of the crimes listed in [Attachment 2 to 6984 order 6984] of the Defendants’ grounds for appeal, is examined ex officio prior to the judgment on the grounds for appeal by the Defendants.

According to the records, among the judgment below, the following facts are acknowledged: ① The crime of fraud against the victim CN on March 14, 2015, 2015, which was listed in the judgment of the court below (hereinafter referred to as "the crime committed against the victim CN on March 14, 2015") : (a) the crime of fraud committed against the victim CN on March 14, 2015, which was listed in the judgment of the court below (hereinafter referred to as "the crime committed against the victim on March 14, 2015"), is recognized as identical to the crime committed against the victim AY on March 14, 2015, which was listed in the judgment of the court below (hereinafter referred to as "the crime committed against the victim on May 17, 2015, 3 again 2015, 6121, which was listed in the judgment of the court below (hereinafter referred to as "the crime committed against the victim") on May 17, 2015.

Meanwhile, the instant case 2015 [Attachment 6121] and the instant case 2015 [Attachment 6984] was prosecuted on October 8, 2015, and each public prosecution was instituted on November 10, 2015. As such, the public prosecution against each of the frauds in the [Attachment 2015 [Attachment 6984] case 2 and 3-years in the [Attachment 2015 [Attachment 6984] case should be sentenced to a judgment dismissing the public prosecution pursuant to Article 327 subparag. 3 of the Criminal Procedure Act.

Nevertheless, the lower court found the Defendant guilty of each of the facts charged of frauds in the [Attachment 2, 2, 3-Attachment 2, 2015 [Attachment 6,984] of the 2015 Highest 6, 2015 Highest 6, 2, 84 [Attachment 2, 2015 Highest 6, 6379] of the judgment of the lower court, and the case [Attachment 2,984] of the [Attachment 2, 2015 Highest 6, 6984] of the judgment of the lower court.

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