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(영문) 서울서부지방법원 2014.02.06 2013노1165
상습사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The decision of the court below (two years and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for amendments to the indictment of habitual fraud among the facts charged in the instant case, which added the fraud on March 5, 2013 and March 12, 2013. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below cannot be maintained any more.

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

Criminal facts and summary of evidence recognized by the court as stated in this Court

(c) between conduct 7, 8 and 9, immediately following 2013 order 1350 (3) (d)

1) At around 15:00 on March 5, 2013, the Defendant, “BX” on the fourth floor of the victim BW operation in the Dong-gu, YV building in the Dong-gu, Yan-gu, Yancheon-gu, Yancheon-gu, and the Defendant did not operate the bX house, and even if the Defendant purchased the bX, he did not have any intent or ability to pay the balance, and he does not have any intention or ability to pay the balance, and thus, he needs to do so. As such, the Defendant acquired the remainder of 50,000 won on March 12, 2013, stating that “A 50,000 won out of the 500,000 won of the 200,000 won of the 200,000 won of the 200,000 won of the 4.5,000,000 won of the 200,000 won of the remainder.

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