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(영문) 수원지방법원 2013.12.26 2013노104
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (one million won of fine) is too large.

2. According to the records of the judgment of the court below, the "case search" and "written judgment" recorded as evidence of criminal records in the "a summary of evidence" column of the judgment of the court below which lawfully adopted and examined at the court below did not appear to have been submitted at the court below. The sole fact is that it is insufficient to specify the criminal facts in the latter part of Article 37 of the Criminal Act with respect to the defendant, and the exact contents of the criminal facts and the date of confirmation of the judgment, etc., but the court below dealt with concurrent crimes pursuant to the latter part of Articles 37 and 39

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

Since the facts charged by this court are the same as the corresponding column of the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. Statement in the original trial by the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Previous convictions in judgment: Case summary agreement meetings, assistants, and application of court rulings and statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order acknowledges the defendant's crime, reflects the error, and equality with the case of the judgment at the same time with the judgment of the court below which is held in the latter concurrent crimes of Article 37 of the Criminal Act. Meanwhile, damage recovery or agreement with the victim has not been reached up to the trial of the party, and the defendant has the same kind or different kind of relationship.

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