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(영문) 인천지방법원 2020.12.03 2020노2457
사기등
Text

Part of the first judgment excluding compensation order and all of the second judgment shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

The main points of the grounds for appeal (in the first instance court: imprisonment with prison labor for three years and confiscation, and second instance court: imprisonment with prison labor for six months) are too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The Defendant appealed against the lower judgment, and this Court decided to consolidate the two appeals cases with each other.

Each crime of the judgment of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced pursuant to Article 38 (1) of the Criminal Act. Thus, the part excluding a compensation order among the judgment of the court of first instance and the judgment of the

3. In conclusion, since the part of the first judgment excluding the compensation order and the second judgment excluding the above reasons for reversal of authority, it is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[C] The summary of facts constituting an offense and evidence admitted by this court is as follows. The summary of the evidence of the first instance judgment is as follows: “A part of the Defendant’s legal statement of the Defendant “B” is as stated in the corresponding column of the lower court’s judgment, except for the dismissal of the Defendant’s legal statement of the Defendant. Therefore, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and the choice of punishment, Articles 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act;

1. Of concurrent offenders, the crime of singinging fraud, which shows the reason for sentencing under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, is committed against many unspecified victims in a systematic and planned manner, and the social harm resulting therefrom is serious.

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