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(영문) 부산지방법원 2017.11.10 2017노2278
사기
Text

All judgment of the court below shall be reversed.

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

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court (the first instance judgment: 10 months of imprisonment, and 7 months of imprisonment) is too unreasonable.

(b) the above-mentioned sentence declared by the second instance of the Prosecutor is too unhued and unjust;

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the defendant examined ex officio prior to the judgment on the grounds for appeal by the court below, and the defendant filed each appeal against the judgment of the court below of the court below by the prosecutor against the judgment of the court of the second instance, and the pleadings were combined in the court of the first instance. Since each of the crimes listed by the judgment of the court below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, on the grounds that there are grounds for reversal ex officio as seen above, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except for adding “the Defendant,” in Article 369 of the Criminal Procedure Act, to “the Defendant,” in Article 369 of the Criminal Procedure Act, the first instance judgment’s “as of September 1, 2014.”

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the fraud by each paragraph of the judgment of the first instance, the fraud by each paragraph of the judgment of the second instance, and the fraud by each paragraph of the judgment of the second instance), each of the choice of imprisonment for a crime

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes stipulated in the crime of fraud against the Victim K with the largest amount of offense) of the Act on the Aggravated Punishment of Concurrent Crimes in light of the form, method, frequency, etc. of each of the crimes of this case, the liability for the crime of this case is grave, and the total amount of damage exceeds KRW 49 million.

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