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Reasons
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(영문) 의정부지방법원 2020.01.09 2019노2189
사기등
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1. Defendant A’s part of the lower judgment is reversed.

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

seizure.

Reasons

Defendant

A

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. In full view of the following circumstances: (a) the degree of punishment against accomplice B; (b) the Defendant’s age, character and conduct, environment; (c) motive and background of the crime; (d) means and method of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat heavy.

The favorable circumstances and the defendant led to confession.

- The economic benefits that the defendant acquired from the crime of this case is about KRW 10 million.

- The main figures want to be placed in the ship.

There is no record of punishment exceeding a fine.

- Investigation agencies cooperate in arresting B co-offenders.

Disadvantageous circumstances and the Defendant are the same as the cash withdrawal by a Bosing system.

- The instant fraud damage was not recovered.

· The number of e-mail cards that have been acquired is 53 copies.

Other circumstances and the total amount of damage of each of the instant frauds is KRW 51 million.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, since the defendant's argument in conclusion is with merit, and the following decision is rendered again

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (each of the crimes committed with the same opportunity in attached Table I shall be committed between the crimes in violation of the Electronic Financial Transactions Act);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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