(joint conflict), fraud, computer, etc.

Fraud

2. Gwangju District Court Decision 2019Kadan4795 Decided March 25, 2020

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be subject to probation and shall be ordered to provide community service for 120 hours.

The judgment of the court below (the first judgment: 2 years of probation, probation, community service, 120 hours and 20 hours of probation in June: imprisonment with prison labor, 2 years of probation, probation, community service, 120 hours in June) is too unreasonable.

2. Ex officio determination

The defendant filed an appeal against the judgment below, and the trial court decided to consolidate the above appeal cases. However, since each of the offenses of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. Conclusion

Therefore, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part against the defendant among the judgment below is reversed, and it is again decided as follows through pleading.

【Grounds for the Judgment Re-written on the Defendant in the Judgment of the Court】

Criminal facts and summary of evidence

Since the criminal facts recognized by the trial court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 6 and 2(2)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (a point of attempted joint attack), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (a point of joint conflict), Article 347(1) of the Criminal Act (a point of fraud), Article 347(2) of the Criminal Act, Article 347-2 of each Criminal Act (a point of fraud by use of computer, etc.), each choice of imprisonment, etc.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation and community service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

1.The scope of applicable sentences under law: Imprisonment of one month to twenty-two years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A primary crime;

[Determination of Punishment] Fraudulent Crime: General Fraud [Type 1] below 100 million won

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

(b) Second crime (Fraud by using computers, etc.);

[Determination of Punishment] Fraudulent Crime: General Fraud [Type 1] below 100 million won

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

(c) Class 3 crime (Violation of the Punishment of Violences, etc. Act);

[Determination of Punishment] Crimes of Assault 01. General Bribery [Type 1] 30 million won or less

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment from 6 months to 1 years

(d) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for six months to two years (the upper limit of the first crime + the upper limit of the second crime + the 1/2 + the upper limit of the third crime + 1/3).

3. Determination of sentence;

In collaboration with other persons, the Defendant required to obtain a loan by assaulting or threatening to use the victim F, K to take advantage of the loan, or attempted to borrow money from the loan. In addition, the Defendant used the victim R to drive the loan without a license and intended to withdraw money from the said victim in collaboration with other persons. In addition, the Defendant, without the victim’s intent or ability to obtain repayment, acquired KRW 300,000 from the victim E, got the victim AY to obtain a loan, and then transferred the amount of KRW 3 million to his account without authorization, or obtained pecuniary benefits of KRW 2,787,500 by paying a small amount of money to the victim AT mobile phone, without authorization. In particular, the Defendant committed a crime against the victims, such as fraud, coercion, without awareness of a crime.

On the other hand, the Defendant shows an attitude to recognize and reflect all of his criminal acts, and was subject to juvenile protective disposition several times, but there is no record of criminal punishment. The Defendant was a minor at the time of the instant crime, and some of the crimes were committed, or did not have been committed, or did not have much the amount of damage. The Victim AT and R expressed their intent that the Defendant would not be punished.

In full view of all the sentencing conditions and sentencing criteria as shown in the pleadings of this case, including the above circumstances, the defendant's age, character and conduct, environment, motive, means, results, and circumstances after the crime, etc., the punishment shall be determined as ordered.

Judges Park Dong-chul

Judges Kang Sung-sung