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(영문) 대전지방법원 2019.10.24 2019노2142
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. An ex officio determination prosecutor filed an application for changes in the indictment with regard to changes in the indictment of the judgment below, as stated in the part on “criminal facts,” among “the reasons for the judgment in multiple times” below, and the judgment of the court below cannot be maintained as it was changed by granting permission.

3. Accordingly, the judgment of the court below is reversed in accordance with 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.

[Reasons for the judgment that has been written] The summary of facts of crime and evidence recognized by this court is as follows: "A total of KRW 3,027,500 from the victims shall be remitted from the victims and shall be acquired by fraud" among the 3th 9th 9th 10th and 10th 10th 10th 20th 3,398,000, and it shall be acquired by fraud." Except for the alteration of the annexed list of crimes in attached Form 4 of the judgment of the court below into the annexed list of crimes in this judgment, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act have been punished six times for the same crime (a prison labor, a stay of execution of imprisonment, a fine, exemption from punishment), and multiple types of crimes have been punished several times for the same crime, and the defendant committed each of the crimes of this case again during the period of the same repeated crime, and the quality of each of the crimes of this case is not good in light of the methods and contents of each of the crimes of this case.

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