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(영문) 인천지방법원 2015.08.28 2015노2024
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

The seizure of articles 1 to 1.

Reasons

1. The summary of the grounds for appeal Nos. 1 and 2 of the judgment of the court below (No. 1: imprisonment of 1 year and 6 months, and imprisonment of 6 months) declared by the defendant is too unreasonable.

2. Ex officio determination of ex officio, the defendant filed each appeal against the judgment of the court below and the court of the court of the first instance decided to hold the above appeal jointly. Each of the offenses against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a sentence should be imposed within the scope of the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be exempted from all reversal.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows, after hearing.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 30 of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, the choice of imprisonment for a crime

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act for the crime of this case is when the defendant was in the first instance, and all confessions and reflects the crime of this case, and there is no record of punishment for the same kind of crime, etc. However, the crime of this case is committed systematically against many and unspecified persons, and is highly harmful to society. The amount of damage caused by the crime of this case is reasonable, and restitution or agreement is made.

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