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(영문) 제주지방법원 2020.03.26 2019노998
사기
Text

The judgment of the court below is reversed.

Imprisonment with prison labor for the first and second crimes against the defendant, and for the third crimes against the decision of the court, the defendant shall be punished.

Reasons

1. Summary of grounds for appeal;

A. Since the crime of this case committed by the Defendant of misapprehension of the legal doctrine and each of the separate crimes of this case committed by the Defendant of misapprehension of the legal doctrine in November 15, 2019 (the Jeju District Court 2018 Ma623, 2019 Ma530 (Merger)) are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment for each of the crimes of this case shall be sentenced in consideration of equity with the case where they are adjudicated simultaneously pursuant to Article 39(1) of the Criminal Act.

B. The lower court’s punishment (two months of imprisonment with prison labor for each of the crimes of fraud against the victim C and the victim F (the crime of fraud No. 1 and No. 2 at the time of sale) and four months of imprisonment with prison labor for the victim G (the crime of fraud No. 3 at the time of sale)) is too unreasonable.

2. As to the Defendant’s assertion of misapprehension of the legal doctrine, the Defendant’s imprisonment with prison labor for the crime of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. between around May 9, 2014 and around October 13, 2015, at the Jeju District Court on May 25, 2017, with prison labor for ten months and fines of twenty million won, as declared for a suspended sentence of two years, and the above judgment became final and conclusive on June 2, 2017 (hereinafter “the first final and conclusive judgment”), the Defendant’s imprisonment with labor for each of the offenses committed on or around May 15, 2017, and on June 13, 2017 and April 2018 (hereinafter “the said judgment”) shall be recognized as having become final and conclusive on June 19, 2015 and on June 23, 2017, respectively.

Therefore, among the crimes in the holding of the court below, the crime of fraud against the victim G (the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the act of arranging sexual traffic) in the judgment of the court below is a concurrent crime between each of the crimes in violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the act of arranging commercial sex), and the second final judgment on May 15, 2017 and the latter part of Article 37 of the Criminal Act. Among the crimes in the holding of the court below, each of the crimes in violation of the latter part of Article 37 of the Criminal Act against the victim C and the victim F (the crime of fraud No. 1 and No. 2 at the time of the judgment of the court below) is a concurrent crime.

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