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(영문) 서울중앙지방법원 2019.09.27 2019노1265
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 5 shall be confiscated, respectively.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for not less than one year and six months, suspension of execution for three years, suspension of community service order, confiscation for 160 hours) of the lower court is so unreasonable that it is so unreasonable, and the prosecutor asserts that the lower court’s punishment is too uneasible and unreasonable.

2. The lower court took part in the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

The judgment below

After the sentence, the defendant agreed with three victims, but the actual amount of damage recovered is limited to KRW 12,30,000,000, and has not been agreed with or recovered from the remaining victims until now.

Before committing the instant crime, the Defendant has a record of being sentenced to four-time suspension of indictment for the violation of the Electronic Financial Transactions Act and the crime of aiding and abetting fraud.

On the other hand, the defendant has led to the entire confession of his crime and against himself.

There is no criminal offense for which the defendant was punished.

In addition, in full view of all other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, frequency of and degree of participation in the offense, the result of damage, the circumstances after the offense, and the social harm of the scaming fraud, etc., the lower court’s punishment is deemed to be too uneasible and unfair.

Therefore, the prosecutor's argument is justified, and the defendant's argument is without merit.

3. In conclusion, the appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that the appeal by the defendant is without merit (However, since the prosecutor's appeal is accepted and reversed as follows, it is not ordered to dismiss an appeal in a separate order). Since the prosecutor's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.

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