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(영문) 서울동부지방법원 2018.10.04 2018노710
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

evidence of seizure.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court (the first instance judgment: imprisonment with prison labor for one year and six months, and imprisonment with prison labor for six months) is too unreasonable.

B. Each sentence of the lower court by the Prosecutor is too uneasible and unreasonable.

2. In the judgment of the court below ex officio, the appeal case against the judgment below was combined, and each crime of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the above ex officio reversal grounds, and the judgment below is reversed in accordance with the above Article 364 (2) of the Criminal Procedure Act, and it is so decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act regarding criminal facts; Articles 352, 347(1), and 30 (the attempted fraud) of the Criminal Act; Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act regarding the selection of criminal facts; Articles 347(1) and 30 of the Criminal Act concerning the selection of punishment; Articles 352, 347(1), and 30 (the storage of access media); Articles 49(4)2 and 6(3)3 of the Electronic Financial

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 reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act are favorable sentencing factors such as the fact that the Defendant’s mistake is divided, and the sum of the amount obtained by deception of this case exceeds KRW 110 million and no damage is recovered. The crime of this case is a so-called Bosing crime and the social harm is so great that the crime of this case needs to be strict. The crime of this case is the defendant’s age, sex, environment, motive, means, and consequence.

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