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(영문) 서울서부지방법원 2018.12.20 2018노1151
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

1. The gist of the grounds for appeal is that the Defendant filed each appeal on the grounds that the first and second sentence of the lower court (one year of imprisonment with prison labor and one year of confiscation, and six months of imprisonment with prison labor) is too unreasonable because it is too unreasonable for the Defendant to be sentenced to punishment of the lower court (one year of imprisonment with prison labor and six months of imprisonment with prison labor).

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the determination of ex officio.

The court of the first and second trial cases against the defendant were reviewed concurrently. Each offense of the defendant's first and second trial cases is one of the concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be punished within the term or amount of punishment for which concurrent offenses are aggravated under Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the error of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each of the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1), 30 ( point of fraud) of the Criminal Act, Articles 352, 347(1), and 30 ( point of attempted fraud) of the Criminal Act, and Articles 347(1), and 347(1), and 30 ( point of attempted fraud) of the Criminal Act, and each choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act are as follows: (a) the Defendant committed the instant crime while committing the crime; (b) the Defendant reflects his mistake; and (c) the primary offender who has no record of criminal punishment, etc. are considered.

However, the crime of this case is committed by many unspecified persons under the so-called Bosing method.

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