beta
(영문) 의정부지방법원 2017.11.20 2017노2608

사기방조

Text

The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (eight months of imprisonment) is too unreasonable.

2. The Defendant had the record of being sentenced to a fine twice due to the crime of violating the Electronic Financial Transactions Act. In particular, the Defendant committed each of the crimes of this case since it was issued a summary order of KRW 2 million due to the crime of violating the Electronic Financial Transactions Act in March 2015, since it was not long after the issuance of the summary order of KRW 2 million, the Defendant played an role in withdrawing and delivering money, and the degree of participation in the crime is relatively heavy, and the amount of damage is considerably significant, etc. that are disadvantageous to

However, in full view of the following factors: (a) the Defendant was detained for a considerable period of time and was given an opportunity to reflect on the Defendant’s sex; and (b) the Defendant was recognized as committing a crime at the time of the trial; (c) the victims did not want the Defendant’s punishment by mutual consent with D or F among the victims; (d) the Defendant appears not to have committed a crime with conclusive intent against the Defendant; (c) there is no benefit from the instant crime; (d) there is a family member to be supported; and (e) other various sentencing conditions indicated in the record, including the means and result of the crime; (e) the background and consequence of the crime; (e) circumstances after the crime; (e) the Defendant’s age; and (e) the Defendant’s sexual behavior;

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 reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 32(1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.