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(영문) 서울서부지방법원 2017.03.23 2016노1617

상습사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the defendant is divided into his/her wrong mistake, and some of the fraud victims have recovered from damage.

On the other hand, the Defendant committed several frauds, and the Defendant committed the instant crime during the period of repeated crime after having completed punishment for habitual frauds under similar veterinary laws.

There is no long time for victims who have recovered damage.

In addition, it is necessary to strictly cope with the risk that the transfer of access media would prejudice the reliability of the safety performance of electronic financial transactions and the use of the access media for other crimes.

In addition, comprehensively taking account of various conditions of sentencing as shown in the records and arguments, such as the defendant's age, sexual conduct, motive and means of crime, etc., the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

However, the judgment of the court below is clear that there was an omission in the application of laws and regulations on commercial concurrence. As such, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the "applicable laws and the choice of punishment for 1. criminal facts" among the "applicable laws and regulations" of the court below ex officio shall be deemed to be "the pertinent provisions of the law on 1. criminal facts" and "the choice of imprisonment" at the end of the same paragraph shall be deleted, and "1. commercial concurrence" at the bottom of the above provision, "1. commercial concurrence", " Articles 40 and 50 (Mutual Offense of Violation of each Electronic Financial Transaction Act) of the Criminal Act", "1. Selection of punishment", and "each imprisonment choice" shall be corrected to be added.