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(영문) 인천지방법원 2019.10.25 2019노2051
사기등
Text

All part of the judgment below on the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for a year and June, and the second instance court: imprisonment with prison labor for a period of six months) of the original judgment is too unreasonable;

2. The defendant filed an appeal against the judgment of the court below and decided to concurrently examine the above appeal cases.

Each of the judgments of the court below against the defendant shall be sentenced to a single punishment within the scope of a prison term imposed under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the part of the judgment of the court below concerning the defendant's case cannot be maintained as it is.

3. The judgment of the court below is reversed among the judgment of the court below pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, the choice of imprisonment for each of the following crimes:

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [w] is against the Defendant’s confession of the crime of this case.

Some of the victims have returned the defrauded money.

[Unfavorable circumstances] The defendant repeated the crime of fraud against many unspecified victims on the Internet for a short time, and the nature of the crime is very heavy.

The defendant has been punished several times for fraud, and is in the period of repeated crime due to fraud.

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