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(영문) 서울서부지방법원 2018.02.01 2017노1306
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Nos. 1, 8 through 10 of seized evidence.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is unfair because it is too unreasonable that the punishment of each sentence (two years of imprisonment and two years of imprisonment and one year and two months of imprisonment) of the court below is too unreasonable; and

2. Prior to the judgment on the grounds for appeal by the defendant, the judgment of the first and second court on the defendant was rendered ex officio, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. Each of the above judgment of the court below against the defendant is in a concurrent relationship with the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, each of the above judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited 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 concerning the selection of criminal facts;

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. The so-called phishing crime, such as this case’s reason for sentencing under Article 48(1)1 and 2 of the Confiscation Criminal Act, is a crime of deceiving many and unspecified victims in a systematic and professional manner by sharing the roles of a large number of people, and the risk of harm inflicted on the victims and society is very large, and the Defendant is not easy to participate by misrepresenting employees of the Financial Supervisory Service and receiving money from direct victims, and the frequency of the crime is multiple times and the amount of fraud is large.

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