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(영문) 서울북부지방법원 2014.09.05 2014노673
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of 1.5 million won) is too unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s assertion of unfair sentencing.

According to the records, on May 7, 2010, the defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Eastern District Court on November 10, 2010, and the judgment became final and conclusive on November 10, 2010, and the defendant was sentenced to ten months of imprisonment with prison labor for anless accusation, etc. at the Seoul Northern District Court on December 18, 2013 and the judgment became final and conclusive on June 26, 2014. The crime of this case and the crime of false accusation, etc. are all committed prior to the final and conclusive date of the judgment of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). The above crimes for which the crime of this case and the judgment became final and conclusive are all concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt the punishment in consideration of equity and equity.

However, the court below held that only the crime of violation (Fraud) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for which the crime of this case and judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and determined the punishment for the crime of this case in accordance with Article 39(1) of

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the first head of the facts charged in the judgment of the court below. The defendant is the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Eastern District Court on May 7, 2010.

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