(영문) 의정부지방법원 2015.09.22 2015노2004

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.09.22 2015노2004

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unhued and unreasonable.

2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession and reflect of the instant crime, and that the actual profit acquired by the instant crime was not significant.

B. However, the crime of fraud of this case and the Electronic Financial Transactions Act is deemed to have been committed by the Defendant as an act of soliciting the head of the so-called “Sing” criminal organization, and the crime of “Sing” is a planned and organized crime against many unspecified persons and serious damage to many victims are not easy to recover damage. Although the Defendant’s personal gain is not significant, the Defendant’s act of soliciting the head of the passbook requires strict punishment in that it is an essential role in the crime, even though the Defendant had been punished for the violation of the Electronic Financial Transactions Act, and it seems that the Defendant had been repeatedly committed the same crime, even though he had the record of criminal punishment due to the violation of the Electronic Financial Transactions Act, it appears that the Defendant had been serving for a long time as a means of soliciting the head of the passbook, and other factors such as the Defendant’s age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances before and after the crime, and other factors of sentencing as shown in the argument

C. Therefore, the prosecutor's above assertion is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and 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.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by the court are as follows, and the summary of the facts constituting a crime as stated in the judgment of the court below is as stated in each corresponding column, except where the 3rd of the facts constituting a crime as stated in the judgment of the court below is referred to as "paragraph (1)", and thus, it is citing it as it is in accordance with

Application of Statutes

1. The corresponding provisions of the Criminal Act concerning criminal facts; and

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