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(영문) 서울남부지방법원 2019.08.22 2018노1491
사기미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for one year, two years of suspended execution, one hundred and twenty hours of community service order, confiscation) imposed by the lower court is deemed too uneased and unreasonable.

2. The judgment of the court below is highly likely to cause serious social harm, such as causing damage to an unspecified number of unspecified victims in a planned and systematic manner, and thus, it is highly necessary to strictly punish the act of partial implementation.

From April 25, 2018, the Defendant appears to have been involved in the crime of Bosing from April 25, 2018, and used a name while misrepresenting himself as an employee of the Financial Supervisory Service at the time of the instant crime, and possessed a forged document under the name of

There is also an opportunity for the Defendant to be suspended from indictment for the violation of the Electronic Financial Transactions Act prior to the instant crime.

Considering these circumstances, even if the crime of this case was committed in the course of attempted crime, there was an agreement with the victim, and the defendant did not have any criminal power, the sentencing of the court below 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.

[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. Article 350 of the Criminal Act; Articles 350, 347 (1) and 30 of the Criminal Act; the choice of imprisonment for a crime;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act, including the age, character and conduct, and environment of the defendant in light of the circumstances described in Article 48(2) of the Criminal Act, shall be determined as ordered by taking into account the following factors:

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