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(영문) 서울중앙지방법원 2018.03.22 2017노3726
컴퓨터등사용사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court (one year and two months of imprisonment) and the punishment sentenced by the second instance (two months of imprisonment) are too unreasonable.

B. Prosecutor 1) As to a violation of the Act on Corporate Governance of Financial Companies Violating Acts and subordinate statutes pursuant to Article 32(6) of the Act on Corporate Governance of Financial Companies (hereinafter “Act”), the lower court’s judgment that rendered a single sentence is unlawful, even though it is necessary to separately decide on a violation of the Act on Corporate Governance of Financial Companies, which constitutes a finance-related statute, such as computer, etc.

2) The sentence (two months of imprisonment) that pronounced in the second instance of the sentencing unfair is too unhued and unfair.

2. We examine ex officio the grounds for appeal by the defendant against the judgment of the court of first instance and the grounds for appeal by the defendant against the judgment of the court of second instance prior to the judgment of the court below.

As the judgment of the court of first instance and the judgment of the court of second instance are sentenced to each of the judgment of the court of first instance, the defendant and the prosecutor respectively filed an appeal against the judgment of the court of second instance, and the court of second instance decided to consolidate the two appeals cases.

Article 38(1) of the Criminal Act provides that each crime of the resolution of the original adjudication and the second adjudication resolution of the original adjudication are concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment shall be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below and the second judgment cannot be maintained as they are.

However, the reason for the prosecutor's appeal against the judgment of the court of second instance is still subject to the judgment of the court of this Court (the prosecutor filed an appeal only against the judgment of the court of second instance, and asserted violation of the law on the ground of appeal, but at the third trial date of the first trial, the defendant was punished on the premise that the crime of violation of the law on the credit finance business specializing in the credit finance business of the first trial decision should be tried separately from the crime of fraud, such as computer, etc.

3. Whether a person is separately sentenced to a violation of the Act on Financial Business Specializing in credit;

A. Article 32(1) of the Act on the Structural Control of Financial Companies, the Financial Services Commission, as well as the pertinent provision.

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