beta
(영문) 서울동부지방법원 2019.05.30 2019노249

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Nos. 1 through 9 of seized evidence.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the social abolition of the crime of Bophishing is great and that the crime of fabrication and use of official documents is not good, a sentence equivalent to that of the defendant is inevitable;

However, considering the reasons for sentencing indicated in the arguments and records of this case, such as the confession of crimes and reflects against them, the first offense without previous conviction, the repayment of considerable amount, and the settlement of damages by mutual consent with all victims, etc., the punishment sentenced by the court below is unreasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are identical to facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act, Articles 352, 347(1) and 30 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Article 3(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (a disguised of the fact about the acquisition and disposition of proceeds from crimes, including the fact that the fact about the acquisition and disposition of proceeds from the crime), and choice of imprisonment

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;