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(영문) 서울중앙지방법원 2018.10.11 2018노1395
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal by the defendant and the prosecutor is that the defendant is unfair due to excessive reduction of punishment of the court below (one year of suspended sentence of imprisonment, two years of suspended sentence of imprisonment, and one hundred and sixty hours of community service order), and the prosecutor is rather unfair because the above punishment is too unfasible.

2. The “Sishing” crime is organized and organized against many and unspecified persons, and it is not easy to recover damage as well as serious damage to a large number of victims.

In addition, since the crimes of Bosing in Korea are rapidly increasing, it is necessary to punish " Bosing" crimes.

One part of the crime of Bosing “Ising” is a kind of action by taking part in subordinate officers, such as withdrawals, remittances, and deliverys, as well as the total liability for the crime of “Ising”, and the responsibility of subordinate officers is less than that of the subordinate officers.

subsection (b) of this section.

In light of these circumstances, the sentence of the court below is deemed to be somewhat weak in light of the amount of damage, motive for the crime, circumstances after the crime, and other circumstances that are conditions for sentencing such as the defendant's age, sex, environment, and family relationship.

3. Therefore, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading (as a result, the defendant’s appeal is without merit, but the prosecutor’s appeal is accepted and the punishment is re-determined, so long as it is re-determined by accepting the prosecutor’s appeal, it shall not be indicated in the text thereof). [Grounds for re-use] Criminal facts and summary of evidence recognized by the court and summary of evidence are the same as stated in each corresponding column of the judgment of the court

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment and punishment shall be imposed to the victim E with the largest penalty.

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