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(영문) 서울동부지방법원 2018.01.11 2017노1506

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 3 shall be confiscated.

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 unhued and unreasonable.

2. The judgment of the court below is unfair in view of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sexual behavior, environment, etc., when considering the following facts: (a) the defendant presented the public document under the name of the Chairman of the Financial Services Commission, which was forged to the victim of the crime of telephone financial fraud, and the nature of the crime of this case that the defendant acquired by deceptioning the victim with the victim of the crime of fraud, was not less severe; (b) the victim was punished; (c) the victim was able to use the forged public document file; (d) the defendant forged several documents by using the forged public document file; and (e) the defendant's age, sexual behavior, and environment.

3. Accordingly, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as 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. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 347(1) and 30 (the fraud point, the choice of imprisonment, and the punishment) of the Criminal Act, Article 225 of the Criminal Act (the occupation of an official document in the same Article), Articles 229 and 225 of the Criminal Act (the occupation of uttering of forged official document);

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

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