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(영문) 인천지방법원 2019.03.22 2018노3683
사기미수등
Text

All judgment of the court below shall be reversed.

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

The name of the seized cell phone model: LG.

Reasons

1. The summary of the grounds for appeal (in the first instance court: Imprisonment with prison labor for a year and June, and the second instance court: imprisonment with prison labor for a period of four months) of the lower court is too unreasonable;

2. The defendant filed an appeal against the judgment of the court below and decided to concurrently examine the above appeal cases.

Each of the judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 352, 347(1), and 30 of the Criminal Act for the relevant criminal facts; Articles 49(4)2, and 6(3)3 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act; Article 347(1) of the Criminal Act (the point of fraud in the judgment of the first instance court); Articles 347(1), 30 (the point of fraud in the judgment of the first instance court); Articles 347(1), 347(1), and 30 (the point of fraud in the judgment of the second instance court); Articles 347(1), 32(1), and 30 (the point of fraud in the judgment of the first instance court); Articles 347(1), 32(1), and 30 of the Criminal Act

1. Article 40 and Article 50 of the Criminal Act with respect to the ordinary concurrent crimes;

B. (1) Each of the violations of the Electronic Financial Transactions Act with respect to the means of access retained on the same day

1. Selection of each sentence of imprisonment;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (with respect to the crime of aiding and abetting by fraud)

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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