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(영문) 서울중앙지방법원 2020.08.12 2020노1511

사기방조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

provided, however, that the sentence shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

The Defendant appealed that the lower court’s punishment (one year of imprisonment) is heavy.

When the defendant was in a trial, all of the victims agree with the victim, and the victims seek the wife.

The punishment of the court below is somewhat heavy in view of the circumstances in which the defendant participated in Bosing, and the sentencing materials revealed in the pleadings, such as the defendant's career, are somewhat heavy.

Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed, and it is again decided after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, and the choice of imprisonment for each type of crime;

1. Statutory mitigation (as to the crime of accessories and fraud), Articles 32 (2) and 55 (1) 3 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes prescribed for the crime of aiding and abetting Fraud against K with the largest punishment and punishment);

1. Article 62 (1) of the Criminal Act;