logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.04.04 2014노273
사기등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a term of one year and two months; and

3. As to items 1 through 16 of seized evidence.

Reasons

1. The summary of the grounds for appeal is that the sentence of the court below (one year and six months of imprisonment) is too heavy;

2. The instant fraud crime is an organized and specialized crime that multiple persons play a role and planed closely in advance, and is committed repeatedly over a considerable period of time for many unspecified victims, and the Defendant did not agree with the victims or compensate for damages, etc. are disadvantageous to the Defendant.

However, when considering the motive, means, circumstances before and after the crime of this case, Defendant’s age, character and behavior, career, environment, family relationship, etc., the sentence of the court below is somewhat excessive and unreasonable. The court below’s sentence is somewhat excessive in reviewing the motive, means, circumstance before and after the crime of this case, Defendant’s age, personality and behavior, environment, etc.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for the revision of the "1.1. Defendant's partial statement" in the summary of the evidence as "1.1. Defendant's legal statement", and thus, they are cited as it is in accordance with Article 3

Application of Statutes

1. Articles 347(1) and 30 of the Criminal Act for the relevant criminal facts provided for in the relevant Act, and Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (including acquisition by transfer of any access medium);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment, each fraud, and the violation of the Electronic Financial Transactions Act, shall be punished by imprisonment;

1. The Criminal Act among concurrent crimes.

arrow