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(영문) 서울남부지방법원 2021.01.19 2020노2276
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence Nos. 1 and 2 (Seoul Southern District Prosecutors' Office.)

Reasons

1. Improper sentencing (the original judgment: Imprisonment with prison labor for two years and six months, and confiscation); and

2. The crime of this case is a circumstance unfavorable to the Defendant that the crime of this case was committed against many and unspecified persons, the nature of the crime is inferior, the degree of Defendant’s participation is not weak, and the damage has not been recovered.

However, in full view of the various circumstances indicated in the pleadings of the instant case, including the fact that the Defendant recognized the instant crime, the fact that the Defendant seems to be unaware of the specific details of the instant crime, and the fact that the profit earned by the Defendant out of the amount of damage appears to be relatively small, the sentence imposed by the lower court is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is well-grounded, and the judgment is rendered as follows after pleading (as long as the defendant's improper assertion of sentencing is accepted, the prosecutor's appeal shall not be dismissed separately). [Judgment used again] The summary of facts constituting an offense and evidence acknowledged by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of

Application of Statutes

1. Article 347(1), Article 30 of the Criminal Act, Articles 352, 347(1), and 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 231, 230 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, each of the above Articles of the Criminal Act, the choice of punishment for the crime (the point of exercising the above investigation document), and each of the choice of imprisonment;

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

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

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