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(영문) 부산지방법원 2020.06.25 2020노114
사기방조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

Reasons

1. The determination of the gist of the grounds for appeal (unfair punishment: imprisonment with prison labor for one year and four months, and confiscation) is unreasonable;

2. The lower court rendered a sentence by comprehensively taking account of the Defendant’s denial, the nature of the offense, the unrecovered damage, and criminal records.

However, the defendant withdraws his assertion of misunderstanding of facts and violation of law in the appellate trial, and submits a majority of the objections and reflects.

It agreed with the victim B of fraudulent aiding and abetting.

The sentencing guidelines do not apply to aiding and abetting cases, but if the sentencing factors are re-examined, such as the fact that some of the crimes are attempted and the defendant's profits are not high, the amount of the original sentence is recognized as inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 347(1), 32(1) (a) of the Criminal Act that provide for the choice of punishment for a crime, and Articles 352, 347(1), and 32(1) of the Criminal Act that provide for the choice of punishment for a crime (the commission of fraud and the preparation of punishment for a crime);

1. Article 32 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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