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(영문) 서울북부지방법원 2018.02.08 2017노2430
사기방조등
Text

The judgment below

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

A defendant shall be punished by imprisonment for six months.

Reasons

The main reason for appeal is that the sentence (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

The above-mentioned sentence of the court below's order against the defendant is too unhued and unfair.

The defendant has a record of punishment for violation of the Electronic Financial Transactions Act, and there is an unfavorable circumstance against the defendant.

However, in full view of the fact that the defendant recognized the crime of this case and agreed with the victims of partial fraud in the trial, that the defendant aids and abets the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the defendant, and other factors of the punishment as shown in the records and arguments such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, means and result, the punishment imposed by the court below is too unreasonable,

Therefore, 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 well-grounded, and the following judgment is rendered after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated 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. Articles 49(4)2 and 6(3)3 (a) of the relevant Act on the Electronic Financial Transactions and Trade Act (a point of delivery of an access medium) concerning criminal facts, Articles 347(1) and 32(1) of each Criminal Act (a point of aiding and abetting fraud) and the choice of imprisonment, respectively;

1. Article 32(2) and Article 55(1)3 of the Criminal Act (limited to accessories and aiding and abetting fraud) of the statutory mitigation;

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;

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