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(영문) 대전지방법원 2014.05.22 2013노3191
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

Summary of Grounds for Appeal

The sentence of the original judgment (the first instance judgment: two years of imprisonment, and one year and six months of imprisonment) is too unreasonable.

The court of the trial of ex officio judgment decided to consolidate each appeal case of the judgment of the court below against the defendant.

The judgment of the first instance and the judgment of the second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single punishment shall be sentenced within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.

In this respect, the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained.

In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the evidence and facts of each crime committed against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 111 subparag. 2, Article 110(3) of the Registration of Real Estate Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 228(1) and 30 of the Criminal Act, Articles 229, 228(1), and 30 of the Criminal Act, Articles 228(1), and 228(1), and 30 of the Criminal Act, Articles 229, 228(1), and 30 of the Criminal Act, each provision of imprisonment with labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the Defendant deceivings the victims to pay the purchase price repeatedly due to the reason for sentencing as prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (up to the period of concurrent crimes prescribed in the crime of fraud against the victim N andO with the largest punishment).

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