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(영문) 수원지방법원 2014.11.20 2014노5276

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 5 through 10 each shall be confiscated.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and confiscation) of the lower court is too unreasonable.

2. In light of the fact that the so-called “wishing” crime committed by the Defendant, which committed the crime, is organized, planned, intelligent, and intelligent, and has a serious adverse effect on society as a whole by massing many unspecified victims, the nature of the crime is extremely poor, and the degree of the Defendant’s participation in the “wishing” crime, such as collecting a passbook, withdrawing, and remitting criminal proceeds, is not somewhat weak, a sentence of punishment is to be imposed, on the grounds that it is necessary to punish the Defendant.

However, in full view of various circumstances, including the fact that the court below reached an agreement with three of four victims, and the fact that the defendant seems to have gained actual profits, etc., and the defendant's age, character and conduct, environment, circumstances, circumstances of crime, means and methods, etc., and the sentencing conditions specified in the arguments and records of the case, it is deemed that the sentence imposed on the defendant is somewhat excessive.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act, each of the relevant provisions on criminal facts, Article 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (any violation of each Electronic Financial Transaction Act arising from the acquisition of a means of access under the H);

1. Selection of each sentence 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;