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(영문) 부산지방법원 2021.03.18 2020노3598
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Each sentence of the lower court (eight months of imprisonment) against the Defendant on the gist of the grounds of appeal by the Defendant is too unreasonable.

2. On the other hand, each of the above judgments of the court below 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 in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, each of the above judgments of the court below cannot be maintained any more.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment of the court below is reversed and it is again decided as follows, without examining the defendant's unfair argument of sentencing, pursuant to Article 364 (6) of the Criminal Procedure Act.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court and the summary of the evidence are as follows: the facts constituting the crime No. 2 and the summary of the evidence are found to be " around March 6, 2020" as " around March 6, 2020," under the first sentence No. 2 of the 2nd trial resolution, i.e., " around March 3, 2020," and it is confirmed that the date of sending the message to the victim as stated in the judgment of the defendant was around March 6, 2020 (43 pages of the second instance trial record). Thus, the part of the facts constituting the crime was appropriately revised to the extent that it is not likely to suffer any substantial disadvantage to the defendant'

Except as otherwise stated in each corresponding column of each judgment of the court below, it shall be 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 for the selection of punishment for the crime (as indicated in the judgment below, referring to the fraud of 2020 order 1265 order and fraud of 2020 order 2516 order) and each choice of imprisonment with prison labor for each victim

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Suspension of Execution Act, Article 62 (1) of the Criminal Act, which provides for the suspension of concurrent crimes;

1. One month of imprisonment with prison labor within the applicable range of punishment by law;

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