logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.08.17 2017노689
사기방조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence to one year) is too unfied and unreasonable.

2. In light of the judgment, the Defendant committed the phishing fraud in which the Defendant participated was planned and organized against many and unspecified persons, and thus is highly likely to abuse it for the above fraud, and thus, it is necessary to strictly punish the crime of violation of the Electronic Financial Transactions Act. In fact, the Defendant committed the crime of aiding and abetting the instant fraud even though he was well aware of the crime of aiding and abetting the instant fraud, thereby transferring the access media again.

However, in full view of the following factors: (a) the Defendant led to the confession of all of the instant crimes and reflects his mistake; (b) the instant fraud crime was committed in aiding and abetting; (c) the Defendant was subject to a disposition of suspension of indictment once as the instant crime; and (d) other various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, the process and consequence of the instant crime; and (c) the circumstances after the commission of the crime, etc., the lower court’s punishment is too uneasible and thus

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Provided, That in the application of the law of the judgment below, “Article 352 and Article 347(1) of the Criminal Act (the act of aiding and abetting and abetting and abetting fraud)” in the “Article 347(1) and Article 32(1) of the Criminal Act is obvious that the “Article 347(1) and Article 32(1) of the Criminal Act (the act of aiding and abetting fraud) of the Criminal Procedure Act is a clerical error, and such ex officio correction is made in accordance with Article 25(1) of the Rules on the Criminal Procedure.”

arrow