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(영문) 서울중앙지방법원 2014.10.02 2014노1674
사기등
Text

All judgment of the court below shall be reversed.

Defendant

A Imprisonment with prison labor of one year and four months, Defendant B shall be punished by imprisonment of one year and two months, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ punishment (i) sentenced by the lower court to the Defendants (i.e., one year of imprisonment for each of the Defendants A, B, and one year of fine for Defendant C, 2,500,000, and (ii) the second instance court: Defendant A, B, and 4 months of imprisonment for each of the Defendants, and C, and KRW 5,00,000, which are too unreasonable.

B. The sentence imposed by each prosecutor by the court below on the Defendants is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the appeal case against the judgment below was consolidated. Each of the crimes in the judgment of the court below against the Defendants is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be reversed in its entirety.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendants and the prosecutor’s allegation of unfair sentencing, and the judgment of the court below is reversed in its entirety, and it is again decided as follows through pleading.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, and thus, the summary of the evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 36

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 347(1) and Article 30 of the Criminal Act, Article 347(1) and Article 30 of the C of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, respectively.

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