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(영문) 수원지방법원 2020.05.25 2019노6998
사기등
Text

All the judgment of the court below (excluding the part of the compensation order among the judgment of the court below of second instance) shall be reversed.

The defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 2 years, confiscation, and imprisonment with prison labor for 1 year) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the judgment below was consolidated by examining the judgment below ex officio before the judgment on the grounds for appeal for ex officio determination. Each of the crimes in the judgment below is a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus a sentence should be imposed on the basis of Article 38(1)2 of the Criminal Act. Thus, the judgment of the court below

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts of crime and Articles 225 and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act concerning the selection of punishment (a point of uttering of forged official document);

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

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is committed through so-called "walphishing," a so-called "walphical and intelligent method with many unspecified victims, and the scope and scale of damage is considerable, and the victims are virtually difficult to recover from damage, and thus, the victim does not take any particular measures for the recovery of damage, and there is no criminal history exceeding the fine of the defendant, and the defendant's age and age;

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