(영문) 인천지방법원 2013.05.10 2013노738 | 리걸엔진

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(영문) 인천지방법원 2013.05.10 2013노738

컴퓨터등사용사기

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

Defendants shall be punished by a fine of four million won.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the Defendants (4 million won by each fine) is too unreasonable.

2. Prior to the judgment on the grounds of appeal, the records show that the Defendants were sentenced to one year and six months of imprisonment by means of fraud using computers, etc. at the Incheon District Court on September 19, 2012, and the judgment became final and conclusive on February 28, 2013. Since the crime of fraud using computers, etc., for which the judgment became final and conclusive, and the crime of this case committed by the Defendants is in the concurrent relationship between the latter part of Article 37 of the Criminal Act and the crime of fraud using computers, etc., the court examines the detailed contents of the crime of fraud using computers, etc., for which the judgment became final and conclusive, and then determines the punishment by examining whether to reduce or exempt the punishment. Thus, the judgment below which did not take such measures cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The first head of the judgment of the court below added "the defendants were sentenced to one and a half years of imprisonment by means of computer, etc. at the Incheon District Court on September 19, 2012 and the judgment became final and conclusive on February 28, 2013." The summary of the evidence is the same as the corresponding column of the judgment of the court below, except for addition of "1. previous records in the judgment of the court: each written judgment" in the summary of the evidence, and therefore they are cited as it is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Articles 347-2 and 30 of the Criminal Act concerning facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Each Criminal Code among concurrent crimes:

참조조문

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