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(영문) 대구지방법원 2017.08.10 2017노183
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The sentence (No. 10 months of imprisonment with prison labor of the court below, No. 2 months of imprisonment with prison labor of the court below, and No. 6 months of the court below) imposed by the court below on the summary of the reasons for

2. As the Defendant filed an appeal against the judgment of the court below, each appeal case was consolidated and tried at the court of the first instance. Since each of the facts constituting a crime which the judgment of the court below issued belongs to concurrent crimes under the former part of Article 37 of the Criminal Act, it is necessary to simultaneously render a judgment and sentence a single punishment.

In this respect, the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed ex officio, and without having to make a judgment on the defendant's unfair argument of sentencing, all of them are reversed pursuant to Articles 364 (2) and 364 (6) of the Criminal Procedure Act and the pleading is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as stated in the corresponding column 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

Article 347(1) of the Criminal Act (as to the case of the highest order 4255, the highest order 2016, the highest order 5257 and the highest order 5257) and Article 30 (as to the case of the highest order 478 and the highest order 2017) of the Criminal Act, and the choice of imprisonment, respectively,

1. The reason for sentencing under the former part of Article 37 and Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes is that, as if the defendant had been employed, the crime is not good by deceiving the victims and deceiving them a total of KRW 132.3 million, and the crime is not good; the victims and the victims do not reach an agreement; part of the amount acquired through deception is used as gambling money; and the motive leading to the crime is also not good.

The victims do not properly confirm the illegal motive for employment arrangement, and deliver money to the defendant, and thus, the victims are also responsible for part of the amount of damage. 23 million won out of the amount of damage.

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