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(영문) 광주지방법원 2017.05.17 2017노1132
컴퓨터등사용사기등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

, however, the defendant.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor 1) The court below found Defendant A guilty of the facts charged, even though it was sufficiently recognized that Defendant A conspired with Defendant B, E, and nameless singing staff to obtain money from victims, and the court below acquitted the victims of this part of the facts charged. The court below erred by misapprehending the legal principles.

2) The lower court’s sentencing against Defendant B, which was improper in sentencing, is too uncomfortable.

B. The lower court’s sentencing is too inappropriate.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.

In the first instance of the trial by the prosecutor, the court below found the defendant A not guilty of this part of the facts charged as the primary facts charged, added the facts charged below as the ancillary facts charged, and added the facts charged as follows to the name of the crime:

(a) aiding and abetting fraud by using computers, etc.;

B. Article 347(1), Article 347-2, Article 32(1), Article 37, and Article 38 of the Criminal Act apply for the amendment of a bill of amendment to a bill of amendment to the effect that “the ancillary applicable law” was added to “the ancillary applicable law” under the applicable law, and since this court permitted the amendment, the part against Defendant A among the judgment below was no longer maintained.

The prosecutor's assertion of misunderstanding the facts is still subject to the judgment of this court, even if there is a ground for ex officio reversal.

B. 1) The summary of this part of the facts charged is as follows: Defendant A, in collusion with Defendant B and its name in order to commit the criminal act of licensing fraud against many and unspecified domestic unspecified persons by misrepresenting the prosecutor’s office investigator, etc.

Accordingly, the victims' financial information from the victims' account after misrepresenting the staff of the prosecutor's office and the National Police Agency.

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