logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.08.27 2020노338
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for eight years.

The applicant for compensation at the first instance court.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed on the Defendant by the first and second original instances of unfair sentencing (the first instance court: imprisonment with prison labor for 8 years and the second instance court: imprisonment with prison labor for 4 years) is too unreasonable.

B. Although the scope of liability of compensation liability of the illegal accused is not clear, it is unreasonable that the first instance court accepted each application for compensation by the applicant for compensation, and issued an order for compensation.

2. Ex officio determination

A. The first and second original judgments were sentenced to each of the above judgments, and the defendant appealed against each of the above judgments, and this court decided to hold a joint hearing of each of the above appeals cases.

However, each crime of the first and second original judgments against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained in entirety.

B. The prosecutor of the first instance judgment in this court is the first instance of the facts charged.

Of the claims, “total KRW 650,5690,000” portion shall be “total KRW 69,569,000,000,000,000” and Article 2-A of the facts charged.

The sum of "490,6830,000 won" in paragraph (1) shall be "total 4997,000,000 won", the sum of "30,000 won" in attached Table 1 of the judgment of the first instance shall be "17,830,000 won" from "17,830,000" to "18,000,000, and Article 2 of the facts charged.

The sum of "168 million won" in paragraph (1) shall be changed to "total amount of KRW 268 million", and each item of the attached Table of Crimes in the judgment of the court of first instance shall be subject to the following: "F bank account in the name of the defendant: 25,000,000; 25,000,000; 25,000; 25,000; 25,000; 20,000: The F Bank account in the name of the defendant; 20 August 20, 2015; 15,000; 200: F Bank account in the name of the defendant; 20,000; 20,000; 3.0,000 in the attached Table of Crimes in the judgment of the court of first instance; 3.0,000,000 won; 3.0,000 won; 20,000 won; 10,00 won;

arrow