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(영문) 의정부지방법원 2017.08.31 2017노837
사기등
Text

The part of the judgment of the court of first instance excluding the compensation order and the judgment of the court of second instance shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 1 year and 6 months, confiscation, and 2 months: imprisonment with prison labor for 2 months) by each court below is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the court of first instance decided to hold a joint hearing of each appeal case against the defendant by examining the judgment of the court below. The judgment of the court below is in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below should simultaneously render judgment pursuant to Article 38(1) of the Criminal Act and sentence a single punishment within the scope of the term of punishment aggravated for concurrent crimes. Therefore, the part of the judgment of the court of first instance excluding the compensation order and the judgment of the court of second instance excluding the compensation

3. As such, the part of the judgment below excluding the compensation order among the judgment below 1 and the judgment below excluding the compensation order among the judgment below 2 pursuant to Article 364 (2) of the Criminal Procedure Act is reversed without examining the defendant's improper assertion of sentencing, and the following is again decided after pleading.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and summary of the facts constituting an offense and summary of evidence are as stated in each of the corresponding columns of each judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) (the point of fraud), Article 49 (4) 1, and Article 6 (3) 1 (the point of acquisition by transfer of an access medium) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (inter-Koreanscamscamscamscamscamscamscamscamscamscamscams

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes (each crime)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Article 48(1) of the Criminal Act include: (a) the Defendant has repeatedly committed heavy and multiple victims over a considerable period of time.

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