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(영문) 인천지방법원 2016.03.18 2016노412
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the reasons for appeal (No. 1: Imprisonment with prison labor for 1 year and 6 months, and 2: imprisonment with prison labor for 1 year and 1 year and 2 months) by the court below is too unreasonable.

2. On the basis of ex officio determination, the defendant filed an appeal against the judgment of the court below, and the court decided to hold the above appeal jointly with all of the above appeal cases. Each crime of the first and second judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and one punishment should be imposed within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant was no longer maintained.

3. Accordingly, the judgment of the court below is reversed in entirety without examining the defendant's unfair argument of sentencing, and it is so decided as follows.

Criminal facts

The summary of the facts and evidence admitted by this Court and the summary of the facts and evidence are as follows, except in the judgment of the court of the second instance that read “BFro” as “BDro” and “BG” as “(BG)” as “(BP). Thus, it is identical to each corresponding column of the judgment of the court below.

Application of Statutes

1. Articles 347-2 and 30 of the Criminal Act applicable to the facts constituting an offense; Articles 347(1) and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are favorable to the defendant, include the fact that the defendant acknowledges and reflects his mistake and that there is no record of criminal punishment for the same kind of crime. However, each of the crimes of this case is international for the defendant.

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