beta
(영문) 의정부지방법원 2020.12.04 2020노883

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 to 3 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for three years and confiscation, and the second instance judgment: imprisonment with prison labor for six months) are too unreasonable.

2. The Defendant filed an appeal against all of the judgment below, and this court decided to hold a joint hearing of the two appeals.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment below cannot be maintained as it is.

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 it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, 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 352, 347(1) and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Articles 319(1) and 30 of the Criminal Act, Articles 319(1) and 30 of the Criminal Act, each choice of imprisonment with prison labor;

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 on the grounds of sentencing under Article 48(1) of the Confiscation Criminal Act requires strict punishment for serious social harm as a serious crime, such as causing damage to many unspecified victims in a planned and organized manner and undermining our society’s financial transaction order. In particular, the crime of this case is highly likely to cause harm to the victims’ children by deceiving money, etc.