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(영문) 광주지방법원 2017.10.25 2017노2834
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and eight months.

Defendant . Of the evidence No. 1 of seized evidence.

Reasons

1. The summary of the grounds for appeal is that the respective punishment of the lower court (the first instance court: imprisonment of 2 years and 6 months, confiscation, and second instance: imprisonment of 6 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the first and second judgments were rendered to the Defendant, and the Defendant filed an appeal against them, respectively. This court decided to hold a joint hearing of the above two appeals cases. Each of the crimes of the first and second judgments against the Defendant in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained as it is, since it is a single sentence under Article 38(1) of the Criminal Act, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. The facts constituting the crime under Articles 49(4)1, 6(3)1 (a) of the relevant Act, Article 49(4)4, Article 6(3)5, and 6(3)2 (a) of the relevant Act, each of the main text of Article 49(3) of the Electronic Financial Transactions Act, Article 49(4)4, Article 6(4)5, and Article 6(3)2 (a) of the said Act, Article 49(4)1, Article 6(3)1, and Article 6(3)1 of the said Act, Article 30 of the Criminal Act, each of Article 347(1) and Article 30 of the said Act (including the transfer of access media by fraud and by victim) of the said Act, and Article 49(4)2, and Article 6(3)3 (a) of the Electronic Financial Transactions Act (the main text of the said Act)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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