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(영문) 서울북부지방법원 2013.12.05 2013노1250
사기등
Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

Defendants shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

1. Each sentence of the lower court against the Defendants in the summary of the grounds for appeal is too unreasonable.

2. Comprehensively taking account of all the sentencing conditions, the circumstances leading up to the occurrence of the crime, the degree of participation, the defendants' depth, and the fact that the defendant A deposited KRW 14.5 million for the victims in the trial, the court below's punishment against the defendants is unreasonable, and the defendants' assertion is justified.

3. In conclusion, the remaining parts of the judgment of the court below, except the compensation order, are reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is all with merit, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is cited 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 30 of the Criminal Act, Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, Article 49(1)3 of the Electronic Financial Transactions Transaction Act, Article 30 of the Criminal Act, the choice of imprisonment, and the choice of imprisonment

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;

1. Article 333 (1) of the Criminal Procedure Act for return of victims;

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