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(영문) 서울북부지방법원 2018.02.09 2017노1518
사기등
Text

We reverse the judgment of the court below.

Defendant

A Imprisonment with prison labor for two years and for four years, respectively.

seizure.

Reasons

1. The decision of the court below against the defendants on the summary of the reasons for appeal is unfair because the punishment of the court below against the defendants (one year of imprisonment and one year and six months of imprisonment, one year and six months of imprisonment, three years of imprisonment and confiscation, one year and six months of imprisonment) is too unreasonable.

2. As the judgment of the court of first instance and the judgment of the court of second instance against the Defendants ex officio, the Defendants filed an appeal against each of the above two appeals cases, and this court decided to hold concurrent hearings. Since each of the offenses against the Defendants is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court of first instance should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, and thus, the judgment of the court of second instance cannot be maintained.

3. As above, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendants’ unfair assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are both the [criminal records] column of "criminal facts" of the second judgment. The summary of "a summary of evidence" is excluded from deletion of "a criminal record: criminal history inquiry and investigation report (a statement attached to the judgment, etc.)" of the end of the judgment below. Thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Defendant A of the pertinent legal provision on criminal facts: Articles 347(1) and 30 of the Criminal Act (the fraud point, the selection of imprisonment with labor), Articles 49(4)2 and 6(3)2 and 6(3)3 of the respective Electronic Financial Transactions Act, Article 30 of the Criminal Act (the storage, transmission, and distribution of access media) of the Criminal Act: Articles 347(1), 30 (the point of fraud, the choice of imprisonment with labor), Articles 49(4)2 and 6(3)2 of the respective Electronic Financial Transactions Act, Article 30 (the point of storage, transmission, and distribution of access media) of the Criminal Act, each of the following subparagraphs.

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