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(영문) 대전지방법원 2019.09.19 2019노527
사기등
Text

All the judgment of the court below, excluding the compensation order part, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (e.g., the decision of the court below: 10 months of imprisonment; 2. The decision of the court below; 8 months of imprisonment; 3 months of compensation order; and 3 months of imprisonment) of the decision of the court below is too unreasonable.

2. The judgment of the court below against the defendant in the judgment of ex officio was rendered, and the defendant filed each appeal, and the court decided to consolidate all the above appeal cases.

Each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any longer

3. Accordingly, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, and the judgment of the court below, except the compensation order portion pursuant to Article 364 (2) of the Criminal Procedure Act, is reversed, and it is again decided as follows.

[Discied reasoning of the judgment of the court below (the part concerning each defendant's case among the judgment of the court below No. 1, No. 2 and the judgment of the court of appeal No. 3)] The summary of criminal facts and evidence are the same as that of the judgment of the court below in each corresponding column. Thus, it shall be cited as it

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for facts constituting an offense, Article 347(1) of the Criminal Act, Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the sentence of punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was imposed on each of the crimes of this case, the number of victims, and the period of the crime, etc., the injury has not been fully recovered up to now, and the damage has not been used by the victims, and the mobile phone terminals opened by the defendant were used for the crime of fraud, and the defendant himself.

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