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(영문) 광주지방법원 2015.05.21 2015노413
사기등
Text

All judgment of the court below shall be reversed.

The sentence against the accused shall be determined by one year of imprisonment and a fine of 1,300,000.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (the first instance judgment: 8 months of imprisonment and fines of KRW 1,00,000, fines of KRW 300,000: fine of KRW 300,00, and imprisonment of KRW 3: 4 months) is too unreasonable.

B. The Prosecutor’s sentence (No. 8 months of imprisonment and fine No. 1,00,000) of the lower court (the first instance court’s sentence) is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to examine the three cases of appeal by combining the three cases of appeal by the defendant. The crimes of each case deliberated in the trial by the court in question are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot avoid reversal.

3. Accordingly, the lower court’s judgment is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and it is so decided as follows.

Criminal facts

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

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 366 of the Criminal Act for the crime;

1. As to the crime of violating the Electronic Financial Transactions Act (2015No33) on July 10, 2014, the decision of the decision on the selection of punishment, and the crime of causing property damage as indicated in the judgment, a fine shall be imposed, and the remaining crimes shall be

1. As of July 10, 2014, ruling of Article 35 of the Criminal Act for aggravated repeated crimes.

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