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(영문) 서울서부지방법원 2019.08.13 2019노641

사기방조등

Text

The judgment of the court below is reversed.

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

Seized evidence 4 through 13 shall be confiscated.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment and confiscation) is too unhued and unreasonable.

2. The Defendant’s participation in the instant crime is not easy, not making any effort to recover damage, taking full account of the following: (a) the so-called “wishing,” which is committed in a systematic and systematic manner against many and unspecified persons, requires strict punishment due to serious social harm caused thereby; (b) the receipt and keeping of the means of access from a door-to-door engineer; (c) the direct withdrawal of the money obtained by deception using the means of access kept in custody according to the instructions of the person who has not received the name-to-door, and then re-transfer the money; and (d) the number of crimes, the amount of money obtained by deception, and the sentencing cases of similar cases, etc., the lower court’

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1), 32(1) (a) and 49(4)2 and 6(3)3 (a) of the Criminal Act concerning criminal facts provided for in the relevant Act; and Articles 6(3)3 (a) of the Electronic Financial Transactions Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (with respect to the crime of aiding and abetting by fraud)

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

1. Prior to the reasons for sentencing under Article 48(1)1 of the Criminal Act, the sentence as ordered shall be determined by taking into account the various circumstances examined in the judgment of the reasons for sentencing.