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(영문) 대구지방법원 2015.01.08 2014노4140

컴퓨터등사용사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of 1.5 million won) is too unreasonable.

2. According to the records of ex officio determination, the Defendant, at the Daegu District Court on August 22, 2014, was sentenced to imprisonment with prison labor for a violation of the Resident Registration Act and a crime of fraud by using computers, etc., and the judgment became final and conclusive on November 21, 2014.

Since the crime of this case is related to the crime subject to which judgment has become final and the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in cases where judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act. Since the application of the statutes of the court below is omitted in the process

Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below shall be reversed, and the following judgment shall be rendered again after pleading

Criminal facts

The summary of the facts constituting an offense and evidence admitted by this court is identical to each corresponding column of the judgment below, except for adding "The defendant was sentenced to one and a half years of imprisonment with prison labor at the Daegu District Court on August 22, 2014 due to a violation of the Resident Registration Act and a crime of fraud using computers, etc., and such judgment became final and conclusive on November 21, 2014" to the first head of the facts constituting an offense as stated in the judgment of the court below. Thus, it is acceptable as it is in accordance with Article 3

Application of Statutes

1. Article 37 subparagraph 10 (Unlawful Use) of the Resident Registration Act, Article 347-2 (Fraud by Use of Computer, etc.) of the Criminal Act, and the choice of fines for negligence on the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant has yet to be young and did not repeat the crime by reflecting in depth the error of the crime. The instant crime is the relation between the subject crime for which the judgment became final and conclusive on November 21, 2014 and the latter part of Article 37 of the Criminal Act.