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(영문) 서울서부지방법원 2018.02.01 2017노1213
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the decision of KRW 1: Imprisonment with prison labor for a year and June, and the decision of KRW 2: Imprisonment for a period of six months) is too unreasonable;

2. Prior to the judgment on the grounds of ex officio appeal, the judgment of the first and second judgment against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two appeals cases. Each of the above judgments of the court below against the defendant should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, each of the above judgment of the court below cannot be maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 347(1), 30 ( point of fraud), 352, 347(1), and 30 ( point of attempted fraud) of the Criminal Act, and each choice of imprisonment with prison labor;

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. The so-called Bosing crime, such as this case’s reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, is a crime of deceiving many and unspecified victims in a systematic and professional manner by sharing the roles of a large number of people, and there is a very great harm to the victims and society. The Defendant took part in the Bosing crime without any awareness of any particular crime to easily punish money, and the Defendant did not obtain money.

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