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(영문) 수원지방법원 2017.08.31 2017노1891
사기등
Text

All judgment of the court below shall be reversed.

Defendants shall be punished by imprisonment for one year.

The Suwon District Prosecutors' Office, seized.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendants recognized the defendants' wrongness, the damage caused by each of the crimes of this case was almost recovered, most victims expressed their intent not to be punished, and the Defendants almost no profit acquired from each of the crimes of this case, etc., the judgment of the court of first instance that sentenced the defendants to the suspension of execution of three years and 160 hours of imprisonment with prison labor for each of the crimes of this case and the judgment of the court of second instance that sentenced the defendants to the order of community service for 3 years and 160 hours of imprisonment with prison labor for each of the crimes of this case and the

B. Each of the instant crimes committed by the public prosecutor is unfair in light of the following: (a) the Defendants conspired to use it for the phishing crime; (b) the Defendants acquired access media used in electronic financial transactions for the phishing crime; and (c) the commission of the phishing crime by deceiving money by deceiving many unspecified victims by public institutions and employees of financial institutions, etc.; (c) the nature of each of the instant crimes is very very difficult and social harm; (d) the Defendants committed each of the instant crimes in a very systematic and planned manner; and (e) the degree of the Defendants’ participation is not less and less than the extent of damage; and (e) the amount of

2. Before determining the grounds of appeal on the grounds of ex officio determination, each of the judgment below's respective cases are consolidated in the trial of the party, and each of the crimes in the judgment of the court below against the Defendants in relation to the concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be adjudicated simultaneously pursuant to Article 38 of the Criminal Act, and one punishment shall be sentenced. In this regard, the judgment of the court below shall no longer be maintained.

3. The lower court’s conclusion is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the above ex officio grounds for reversal, and thus, the lower judgment is reversed, and it is re-written through pleadings.

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