beta
(영문) 서울고등법원 2018.05.10 2017노3744

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant

In the first instance trial, the prosecutor applied for the amendment of the indictment with the content that the facts charged in the instant case are modified as stated below, and since this court permitted this, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

Punishment of the crime

The facts constituting the crime acknowledged by this court are as follows, except for the deletion of the "Monitoring of Cash Withdrawal" in the second page 20,21 of the judgment of the court below, since it is the same as the corresponding column of the judgment of the court below, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence of the facts constituting the crime recognized by this court is the same as the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1), Article 30 of the Criminal Act (including each fraud against one card corporation and Nonghyup Bank corporation, including each fraud against each victim), Articles 347 (1) and 30 of the Criminal Act (referring to fraud against the victim non-cc Card corporation, including each fraud, with respect to each victim), Articles 347 (1) and 30 of the Criminal Act

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes against a victim card company with the largest punishment shall be aggravated for concurrent crimes as prescribed by the Act on the Aggravated Punishment, etc. of Specific Economic Crimes for the victim card company with the largest punishment];

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount.