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(영문) 수원지방법원 2020.11.12 2020노2708
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The gist of the grounds for appeal (two years of imprisonment, three years of suspended execution) is too unfunied and unreasonable.

2. The crime of this case is very poor because the defendant acquired money exceeding 200 million won from seven victims, and lent the means of access to a name-in-fact person twice.

Although some of the above damages were recovered, the damages of KRW 49.7 million to three victims still have not been recovered.

In full view of such circumstances as the size of the damage amount of this case, the age and environment of the defendant, the background, details, means and methods of the crime of this case, and the circumstances after the crime, etc., the sentence imposed by the court below is deemed to be too unreasonable.

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.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the point of lending means of access for the purpose of using crimes), Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (the point of lending means of access for the purpose of using crimes), and Article 6(3)2 of the Electronic Financial Transactions Act (the point of lending means of access for the purpose of receiving money), the choice of imprisonment for

1. Of concurrent offenders, taking into account the various circumstances examined in the determination of the grounds for appeal for the sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, the punishment as ordered shall be determined.

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