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(영문) 인천지방법원 2016.12.15 2016노2614
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of two years and eight months.

An application for remedy order filed by an applicant.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in the indictment to the effect that the prosecutor withdraws the charges corresponding to the attached Table No. 69, 70 times among the facts charged as stated in Article 2016Hun-Ma1838(1) of the judgment below at the trial of the court below, and the judgment below cannot be maintained any further because it was changed due to the permission of the trial.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

【The reasoning of the judgment of the court which has been written in multiple times】 The facts constituting the crime and the summary of the evidence acknowledged by the court below are as follows: the second 10 items of the judgment of the court below (110 items of the judgment of the court below); the second 11 items “56,365,860 won” shall be deemed as “532,741,860 won”; the second 532,741,860 items of the judgment of the court below shall be deleted; and 69,70 items of the 9th 9 items of the list of crimes shall be deleted; and the 556,365,860 items in the sum of the 11th 11 items of the crime list shall be deemed as “532,741,860 won” and it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case in the reason of sentencing is not reasonable since the scope of liability for compensation is unclear) under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders, by deceiving victims as if there were travel goods that the defendant did not exist, and thereby inducing them.

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