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(영문) 춘천지방법원강릉지원 2020.12.10 2020노341
상습사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court 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 Bill of Indictment to change (the frequency of crimes and the source of fraud) the contents of the existing facts charged as stated in the “criminal facts” (the addition of the frequency of crimes and the source of fraud) from among the reasons for the judgment that the Prosecutor uses in the trial following the previous facts charged. Since the subject of the judgment was changed by this court’s permission, the judgment of the lower court

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act and it is again decided as follows without examining the defendant's assertion of unfair sentencing on the ground of ex officio reversal.

【The reasons for the judgment in multiple times】 The facts constituting a crime recognized by this court are as follows. The second sentence of the facts constituting a crime as indicated in the judgment of the court below is changed, and except for the change of the crime list as shown in the annexed sheet of the judgment of the court below as shown in the annexed sheet of the judgment of the court below, it is identical to the corresponding column of the judgment of the court below. Thus, it is

On June 2, 2020, the defendant was provided with property and services equivalent to KRW 1930,000 in total by deceiving the victims by the same method seven times from that time until July 2, 2020, as shown in the list of crimes in the attached Table, from the point of evidence recognized by the court, the summary of the evidence is as follows: "The defendant was provided with property and services equivalent to KRW 300,000,000 in total by deceiving the victims by means of the same method as shown in the list of crimes in the attached Table, and was provided with property and services equivalent to KRW 1930,000,000,000, when there was no intention or ability to pay the price."

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