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(영문) 의정부지방법원 2018.09.18 2018노972
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Prior to the determination of the reasons for an ex officio appeal, the health department, the prosecutor, in the trial below, applied for permission to modify the indictment of this case as stated below (the reasons for re-written judgment) and the subject of the judgment by this court was changed, and thus, the judgment of the court below was no longer maintained in this respect.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal of authority, and the judgment of the court below is reversed, and it is again decided as follows.

[Grounds for the judgment of the court below] A crime history defendant, around August 23, 2012, received 3.6% annual interest rate of 8.6%, interest rate of 24%, 1,028, 239 won, and received 46 million won from Hyundai Capital Co., Ltd. (hereinafter "victim Co., Ltd.") and received 3.6% interest rate of 3.4% per annum from the victim Co., Ltd. and received 3.6% interest rate of 3.6% per annum, 24% per annum, 106% per annum, 308.4% per annum, 40% per annum, 98.4% per annum, 98.4% per annum, 96% per annum from the victim Co., Ltd. (hereinafter "victim Co.").

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