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(영문) 부산지방법원 2014.02.06 2013노2788
사기
Text

All the judgment of the court below, excluding the compensation order part, shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

The defendant asserts, as the reasons for appeal, that the punishment of the original judgment (10 months of imprisonment: 10 months; 2 years of imprisonment; and 3 months of imprisonment) is too unreasonable.

Before determining the grounds for appeal by the defendant, this Court decided to hold a joint hearing of each appeal case against the judgment of the court below. The court below's conviction against the defendant is all concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed within the scope of the term of punishment where the aggravated punishment for concurrent crimes is aggravated in accordance with Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act, the choice of applicable laws and punishments concerning the facts of crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders and Declaration of Provisional Execution (hereinafter “Special Cases Concerning the Promotion, etc.”) is a crime committed by deceiving victims by deceiving victims as if the Defendant did not have the intent or ability to employ victims’ children as public officials, and could cause them to find employment by soliciting a kind of public official. It is not good that the crime is committed in light of the period of the crime, the amount of fraud, etc.

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