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(영문) 부산지방법원 2018.12.07 2018노2709
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 10 million) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the first instance of the trial, the prosecutor applied for the modification of the indictment with respect to the charge No. 325 of 2018 and 325 as follows, and this court permitted it.

Therefore, since the subject of this part of the judgment below was changed, this part of the judgment below should be reversed, and the court below has a concurrent relation with this part.

In light of the above, the judgment of the court below should be reversed in its entirety.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

【Inasmuch as the lower court’s judgment is the same as the relevant column of the lower judgment, the summary of the facts constituting a crime and the evidence recognized by the said court is cited in accordance with Article 369 of the Criminal Procedure Act, with the exception that the part concerning “2018 high-level 325 high-level 325 high-level” of the facts constituting a crime of the lower judgment.

“The Defendant would pay KRW 2.5 million per a face-to-face account by lending the cash card, etc. of the account to be used in the sports territory from the person who was in a mobile phone on March 2015.

“Hearing the word “,” and having received a printed bank account access medium from Defendant E, with the intent to transfer it to the above inferer along with the Defendant’s bank account access medium.

On March 29, 2015, the Defendant: (a) around the point of the New Bank Soksan Central Finance Center located in 139 as the World Cup in Busan Metropolitan Government on March 29, 2015, the Defendant “it is necessary to receive the cost of the work at home, but the bank account is needed as the bad credit holder in Korea.

The term "to make it possible to use the bank account ofp.", and then the bank account (F) in the name of E from E.

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