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(영문) 부산지방법원 2016.01.15 2015노1445
사기등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the reasons for appeal is that each sentence (the first sentence: the fine of KRW 1 million, the second sentence: the fine of KRW 2: the fine of KRW 1.5 million) declared by the court below is too unreasonable.

2. This court decided to hold a joint hearing of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance. On the other hand, each of the offenses against the defendant in the judgment of the court of first instance is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Therefore, the judgment of the court of first instance cannot be exempted from all reversal.

3. If so, the judgment of the court below is reversed ex officio as seen above. Thus, without examining the defendant's unfair argument of sentencing, the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to 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 legal provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, each of the choice of punishment (the fraud, the selection of fines), Articles 15(2) and 6-2 of the former Act on the Establishment of Local Reserve Forces (wholly amended by Act No. 12791, Oct. 15, 2014) (the fact that a report on the movement of a place of residence is not filed, the selection of fines, and the selection of fines)

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment and punishment against a victim C with the largest penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is committed by deceiving the victim C, deceiving the victim F, by deceiving the victim F, by deceiving the victim, and by deceiving the victim F, by deceiving the victim, and without any justifiable reason, his/her residence in the competent Dong office.

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