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(영문) 서울중앙지방법원 2019.09.05 2019노1745
사기등
Text

The judgment below

Part of the compensation order, excluding the compensation order, shall be reversed.

The defendant shall be sentenced to three years of imprisonment.

Reasons

The summary of the grounds for appeal (e.g., imprisonment with prison labor for four years and six months, confiscation, etc.) of the lower court is too unreasonable.

Judgment

Although Bosing crimes are committed in intelligence, planned, and organized, and social harm and harm is likely to occur, it is widely spread due to difficulties in suppression, prevention, and recovery of damage, and there is a high need to strictly punish even if only part of the crime is involved in the crime.

However, in full view of the following circumstances: (a) the Defendant’s mistake is recognized; (b) the amount of damage is more than KRW 100 million; (c) the Defendant’s profit derived from each of the crimes of this case is more than KRW 10 million; (d) there is no record of criminal punishment; (b) there is no record of criminal punishment; and (c) health status is not good; and (d) the Defendant’s age, career, family relationship; and (e) other circumstances that form the conditions for sentencing specified in the records and arguments, such as the background of the crime, etc., the lower court, despite having sentenced the sentence within the sentencing guidelines for the

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment is rendered again 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 and Articles 347(1) and 30 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319(1) of the Criminal Act, the selection of punishment for the crime

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

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

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