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(영문) 서울남부지방법원 2018.12.20 2017노2327
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 44 to 48 of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the first instance judgment (limited to the Defendant) sentenced to the first instance judgment (one year of imprisonment) is too unreasonable.

B. The sentence of the second instance judgment (limited to the Defendant), which sentenced to the second instance judgment (limited to the Defendant), is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

This Court reviewed the appeal case of the first instance judgment and the second instance judgment of the first instance judgment. Each of the offenses against the Defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, the lower judgment cannot be maintained in its entirety.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.

[Re-written 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 below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 (the fraud under Articles 347(1) and 327 of the Criminal Act as indicated in the original judgment of the court below of the case No. 2017No. 2327 and No. 1972 as indicated in the original judgment of the case), Article 347(1) of each Criminal Act (the fraud under Article 347(2) as indicated in the original judgment of the court of the case No. 2018No. 1972), Articles 347(1) and 32(1) of each Criminal Act (the point of aiding and abetting fraud) of each Criminal Act, Articles 49(4)1 and 6(3)1 (the point of taking over electronic financial transaction access) of the Electronic Financial Transactions Act, and each sentence of imprisonment.

1. Article 32(2) and Article 55(1)3 of the Criminal Act (limited to accessories and aiding and abetting fraud) of the statutory mitigation;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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