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(영문) 서울남부지방법원 2020.02.07 2019노1778
사기등
Text

The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Two years of imprisonment.

Reasons

1. The main point of the grounds for appeal is that the punishment of the lower court (two years, confiscation, and eight months, imprisonment of the lower court) is too heavy or it is deemed unreasonable to conduct an inspection.

2. Each court of original judgment ex officio rendered a judgment after having completed a separate hearing against the defendant, setting a sentence as above.

The defendant and the prosecutor appealed against each judgment of the court below, and this court decided to hold a joint hearing of the appealed cases.

However, each of the crimes in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be sentenced pursuant to Article 38 (1) of the Criminal Act. In this regard, the part of the judgment of the court of first instance except compensation order and the judgment of the court

3. Each judgment of the court below on the grounds of the above ex officio reversal is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court of first instance except for compensation order among the judgment of the court of first instance is reversed, and the judgment of the court below is reversed, and it is again decided as follows

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act, the choice of punishment for a crime, Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the point of transfer of means of access and the choice of imprisonment) of the choice of punishment;

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

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. The reasons for sentencing under Article 333(1) of the Criminal Procedure Act for the victim restitution are as follows.

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