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(영문) 수원지방법원 2019.07.12 2019노1932
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 2 shall be confiscated.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. The judgment phishing crime is committed in intelligence, planned, and organized, and social harm and injury is likely to occur, and there is a great need to strictly punish even if only a part of the crime is involved in the crime.

The amount of damage caused by the criminal defendant's singishing crime is not significant.

However, the fact that the defendant is divided into the crime, and in the trial, some of the victims (S, K, and U) agreed to pay the damaged amount, and in some of the victims, it seems that the actual damage was not incurred due to the suspension of payment in the account, and the fact that it is the first offender is favorable to the defendant.

Considering the above circumstances comprehensively taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the sentence imposed by the lower court is deemed unreasonable.

Therefore, this part of the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

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

1. Prior to the reasons for sentencing under Article 48(1)2 of the Criminal Act, the number of sentencing factors that were considered prior to the reasons for sentencing are determined as per Disposition.

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