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(영문) 청주지방법원 2019.11.21 2019노577
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the respective punishment (two years of imprisonment and six months of imprisonment) of the judgment of the court below is too unreasonable.

2. The judgment of the court below ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio determination, and each appeal was filed after the judgment of the court below was rendered separately, and this court decided to hold concurrent hearings of each of the above appeal cases. Since each of the offenses of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act, and in this respect, the judgment

3. Accordingly, 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 ground that the above reasons for reversal of authority are the above, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. From among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the fact that the defendant who has been sentenced several times of criminal punishment, including the punishment of two times due to the same act of fraud as this case, was not detained by each fraud as stated in the judgment of the court of first instance, despite the fact that he/she continued to have been prosecuted by each fraud as described in the judgment of the court of first instance, each fraud described in the judgment of the court of second time is committed, and the sum of the amount acquired by the victim against multiple victims exceeds KRW 367,500,000,000,000,000 won, among the victims, the victim's P (154,000,000 won) and C (45,500,000 won

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