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(영문) 서울남부지방법원 2018.01.19 2017노2031

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence 3 through 16 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. In full view of the circumstances that the court below rendered on the grounds of sentencing (the necessity of punishing the criminal act of Bosing, the degree of participation in the criminal act, the degree of participation in the criminal act, and the fact that the defendant deposited the damaged amount for three of the victims of fraud in the court below, and other factors of sentencing as shown in the records and arguments of this case, including the defendant's age, sex, environment, and the background and result of the criminal act of this case, the sentence imposed by the court below is too unreasonable, and thus, the defendant's argument is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of 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) of the Criminal Act applicable to the facts constituting the crime (the point of fraud), Article 49(4)1, and Article 6(3)1 of the Electronic Financial Transactions Act (the violation of the Act on the Electronic Financial Transactions in the holding of the court below), Articles 49(4)1, 6(3)1, and 30 of the Act on the Electronic Financial Transactions (the violation of the Act on the Electronic Financial Transactions in the holding of the court below) (the violation of the Act on the Electronic Financial Transactions in the holding of the court below)

1. Articles 40 and 50 of the Commercial Competition Act (etween the violations of the Electronic Financial Transactions Act by July 11, 2017, and between the violations of the Electronic Financial Transactions Act by July 17, 2017, respectively);

1. Selection of each sentence of imprisonment;

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;