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(영문) 서울서부지방법원 2014.11.07 2014고단2682
사기등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 through 16 shall be confiscated respectively.

50,000 won in cash confiscated.

Reasons

(b) Attachment of sets of profits and copies of notes related to profits;

1. Investigation report (Attachment of the details of messages given and received with an unoffendered accomplice), and photographs;

1. Investigation reports (attached documents of cash cards in the name of another person held by a suspect) and accompanying documents;

1. A report on investigation (Attachment of personal information on the nominal holder of the immediately preceding account);

1. Report of investigation (where the account holder of a cash card held by the suspect transfers it to the account holder);

1. Investigation report (related to the amount of damage that has been seized);

1. CCTV screens of suspect A-related CCTV withdrawals;

1. Application of statutes;

1. Relevant legal provisions concerning criminal facts, Articles 347(1) and 30 (Fraud) of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the acquisition of a means of access to electronic financial transactions), and the choice of imprisonment, respectively;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act (amended by Presidential Decree No. 1000,000) of the Act on the Punishment, etc. of Fraud (amended by Presidential Decree No. 100,000) (amended by Presidential Decree No. 1 to 200,000) (amended by Presidential Decree No. 1 to 100,000) (Special Mitigation) is to comply with the minimum of the recommended sentence for fraud since the sentencing guideline has not been set up (amended by Presidential Decree No. 1 to 20,000).

Although the defendant is a subordinate employee, cash withdrawal by the defendant has to be strictly punished as an essential role in Bophishing crimes.

However, the term of crime is short, the defendant reflects the mistake, the defendant has no particular criminal record except for the punishment of a fine of KRW 300,000 due to the offense of insult in 2010, and the circumstances leading to the instant crime and the conditions of sentencing, such as the circumstances leading to the instant crime and the circumstances after the crime, etc., shall be determined as per the order.

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