logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.09.25 2014노792
사기등
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 (one year and six months of imprisonment) by the lower court is unreasonable.

2. The judgment has a record of having been sentenced several times of punishment for the same kind of crime, and in particular, the Defendant has repeatedly committed each of the instant crimes against many victims of the same kind of crime within the repeated crime period, and did not reach an agreement or recover from damage until the trial is held, and the Defendant has to receive strict punishment corresponding to the relevant acts.

However, the court below's punishment is unreasonable in view of all of the following factors: (a) the confession of all crimes and the depth of the crimes; (b) the amount of individual damage in this case is not so big; and (c) the crime in this case appears to have arisen from the mental instability and economic difficulties of the defendant; and (d) other various sentencing conditions as shown in the records and arguments, such as the background, means, degree of damage, Defendant's career, and environment, are considered.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) The point of each fraud: Article 347 (1) of the Criminal Act;

(b) Illegal aiding and abetting: Articles 347(1) and 32 of the Criminal Act;

(c) The point of each embezzlement: Article 355 (1) of the Criminal Act;

(d) The transfer of each means of access: Each electronic financial transaction under Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act;

1. Articles 40 and 50 of the Criminal Act of Commercial Concurrent Crimes. Article 40 (Mutual Crimes committed on the same Date and at the same time among the crimes of violating the Electronic Financial Transactions Act);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

arrow