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(영문) 부산지방법원 2017.05.26 2016노4441
사기
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment for a period of one year and ten months.

Reasons

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 1 year, and imprisonment with prison labor for 1 year and 2 months) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Since each of the offenses the judgment of the court below issued is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above offenses cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act with the part of the judgment of the court of first instance regarding the defendant and the judgment of the court of second instance, without examining the defendant's improper assertion of sentencing, on the grounds that the judgment of the court below is reversed ex officio as seen above, and it

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (to be collectively punished by victim and to be punished by imprisonment);

1. It is recognized that the reason for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes against a victim B with the largest criminal intent) has the history of having been punished several times as the same crime; in light of the form, method, frequency, etc. of each of the instant crimes, the responsibility for the relevant crime is heavy; the amount obtained by fraud exceeds 143 million won in total; however, most of the damage was not recovered; and most of the damage was not agreed with the victim.

However, the defendant has led to the confession of all crimes, and his mistake is divided.

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