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(영문) 대전지방법원 2015.10.08 2014노3656
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the original judgment is deemed to be too uneasible and unfair.

2. When the prosecutor was in the trial of the judgment ex officio (revision of indictment) of the end of the instant facts charged, “The Defendant, even in the forum, by deceiving the victim as above, and then deceiving the victim, from January 5, 201 to June 23, 2013, the Defendant received a total of KRW 202,017,100 from the victim to June 23, 2013,” “The Defendant, even though then, by deceiving the victim as above, and then deceiving him/her from January 5, 2011 to June 23, 2013, the Defendant obtained a total of KRW 128 times in total from the victim to the victim, and obtained a total of KRW 197,290,000 from the victim to the victim’s June 23, 2013,” each of the judgment of the lower court (the same shall apply to the annexed list of crimes) changed to the annexed list of crimes, and applied for changes in the amendment of indictment.

As such, since the subject of the judgment was changed in the trial, the judgment of the court below is no longer able to be maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal, and the following is again decided after pleading.

Criminal facts

The facts constituting the crime acknowledged by this court are as follows: "The defendant deceivings the victim as above, and thereby defrauds the victim a total of KRW 202,017,100,00 from January 5, 201 to June 23, 2013, as shown in the crime list in the attached Table from around January 5, 2011 to June 23, 2013" in the crime of the original judgment, "the defendant obtained a total of KRW 197,290,000 from January 5, 201 to June 23, 2013 from the victim as above, and acquired the victim a total of KRW 128 times as shown in the crime list in the attached list of crimes."

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