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(영문) 대전지방법원 2016.03.24 2015노3714
사기등
Text

All judgment of the court below shall be reversed.

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

Seized evidence Nos. 1 through 1.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance judgment: imprisonment of one and half years, and second instance: imprisonment of six months) is too unreasonable.

(b)the first instance sentence of the Prosecutor is too unfilled and unreasonable;

2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, all 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 above ex officio grounds for reversal, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Article 49 (4) 2, Article 6 (3) 3, Article 30 of the Criminal Act (the storage of accessible media, the choice of imprisonment), Articles 347-2, 30 of the Criminal Act (the fraud by using computers, etc., the choice of imprisonment), Articles 347 (1) and 30 of the Criminal Act (the fraud by using computers, etc., the selection of punishment by imprisonment), Articles 347 (1) and 30 of the Criminal Act concerning the crime;

2. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in fraud, such as a computer, etc. against a victim Y, of the largest punishment and punishment);

3. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture.

1. Application of the sentencing criteria;

A. Each fraud, computer, and other crime of fraud [the scope of recommended punishment] organized frauds of Type 1 (less than KRW 100 million) (one to six years), the aggravated area (two years to four years), and an unspecified or large number of unspecified persons.

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