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(영문) 대구고등법원 2014.07.03 2014노9
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the defendant's participation in each of the crimes of this case is minor; the defendant's profits derived from the crimes of this case are not large; each of the crimes of this case is a concurrent crime under the latter part of Article 37 of the Criminal Act, which became final and conclusive on October 26, 2012, and the defendant recognized all of the crimes of this case; and the defendant is deeply divided and divided each of the crimes of this case, it is unfair that the court below's imprisonment (one year and four months) is too unreasonable.

2. In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, where a crime for which judgment has not yet been rendered could not be judged concurrently with a crime for which judgment has already become final and conclusive, concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established and concurrent crimes under Article 39(1) of the Criminal Act cannot be established, and punishment shall not be imposed, or mitigated or exempted

According to the evidence duly adopted and examined by the lower court, particularly criminal records, investigation reports (report attached to judgments), and investigation reports (Attachment to the current status of individual suspects), each of the instant crimes was committed before October 26, 2012 by the Defendant was sentenced to five months imprisonment with labor at the Seoul Central District Court on June 28, 2012, but the Defendant was sentenced to eight months in prison for fraud, etc. at the Daejeon District Court on September 2, 2010, and was sentenced to eight months in prison for fraud, etc. on September 10, 201, and the judgment became final and conclusive on October 26, 2012 at the same time as the instant judgment became final and conclusive on August 26, 2012, since each of the instant crimes was committed on August 28, 2012.

Therefore, it is between the crime of October 26, 2012 and the crime of this case which became final and conclusive.

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