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(영문) 서울동부지방법원 2019.02.14 2018노1612
사기등
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and one year and six months) of the lower court is deemed to be too unhued and unfair.

2. The judgment of the court below is based on the following circumstances: (a) the crime of Bosing was committed in a systematic and planned manner; (b) the crime of Bosing is highly harmful to the society by causing damage to unspecified or many citizens; (c) the crime of Bosing fraud requires strict punishment as to such acts of participating in the activities of subordinate officers, such as inducement, withdrawal, collection, delivery, transfer, remittance, etc.; (d) the defendant was in charge of the so-called "measures for collection and remittance of cash" and received money transferred by the victims on two occasions; (c) the defendant was attempted to take over money transferred by the victims on seven occasions; and (d) the defendant was attempted to take over money in the attempted manner; and (e) the victim's certificate issued by the Governor of the Financial Supervisory Service, and the "civil petition for Financial Account Traceability" under the name of the official document, which is an employee of the Financial Supervisory Service; and (e) the defendant's act of exercising forged documents as if he was an employee and remitted money by a third party; and (e) other circumstances and (e) the defendant's pecuniary injury of the defendant.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;

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