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(영문) 서울남부지방법원 2019.03.28 2018노1815
사기등
Text

The judgment of the court below is reversed.

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

Nos. 4 through 32, 34.

Reasons

1. The summary of the grounds for appeal (in both cases of unfair sentencing) sentenced by the lower court (one year and six months of imprisonment, confiscation) is too weak or unreasonable.

2. The singishing crime, in which the Defendant participated, is highly likely to commit an act of serious harm to an unspecified number of victims in a systematic and systematic manner, such as causing damage to the unspecified number of victims and undermining the financial transaction order in our society.

The total amount of the Defendant’s withdrawal (i.e., the amount of damage caused by Bosing) during a period of two months, including the amount of damage indicated in the facts charged of this case, appears to reach KRW 66 million, and the profits acquired by the Defendant in the process are considerably high in amount to KRW 66 million.

The defendant seems to have operated a high-class car with the above profits by leasing it to a high-class foreign car.

Considering these circumstances, even if the Defendant recovered damage equivalent to KRW 67,100,000,000, out of the amount of damage stated in the facts charged of this case, and agreed between 11 and 13 victims, and the Defendant did not have any criminal power, the sentencing of the lower court is deemed unreasonable.

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.

[C] The summary of the facts constituting an offense and evidence recognized by the court is as follows: (a) the phrase “O bank” in [Attachment 2] [Attachment 7] No. 7] shall be deemed as “T bank”; (b) “BG” shall be deemed as “BH”; and (b) 49 [Attachment 49] “BI” shall be deemed as “BJ”; and (c) it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act as to the facts constituting an offense;

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