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(영문) 서울서부지방법원 2018.05.03 2018노323
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

one document seized (No. 1).

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s punishment (a year, June, and confiscation) by the lower court is too unreasonable.

B. The prosecutor’s each sentence of the lower court (the imprisonment of one and half years and confiscation of the first instance judgment, and the fine of three million won in the second instance judgment) is deemed to be too uneasible and unfair.

2. Before determining the grounds for appeal by the defendant and prosecutor ex officio, the court of first instance and the court of appeal by the court of first instance held the defendant together with the appeal by the court of second instance. Each of the above defendants' first and second judgments by the court of appeal by the court of first instance is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be punished within the term or amount of punishment for which concurrent crimes are aggravated under Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained in this respect.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, and the judgment below is reversed in entirety and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each of the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 347(1), 30 (a), 352, 347(1), and 30 (a), Article 30 (a) of the Criminal Act concerning criminal facts; Articles 49(4)2 and 6(3)2 (a) of the Electronic Financial Transactions Act (a means of lending access media) of the same Act concerning the selection of punishment; and each choice of imprisonment;

1. The Defendant’s reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are against his mistake while committing each of the instant crimes.

There is no record that the defendant was punished for the same crime.

However, the crime of fraud and attempted fraud in this case is so-called Bosing.

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