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(영문) 광주지방법원 2016.05.25 2016노873
사기방조등
Text

The judgment of the court below is reversed.

The sentence against the accused shall be seven million won.

The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment) is too unreasonable.

2. The Defendant committed the instant crime during the period of repeated crime, which has been subject to punishment several times for the same criminal records and, in particular, committed the instant crime at a disadvantage.

On the other hand, it is advantageous to the fact that the defendant recognized the defendant's mistake and speaks against the defendant, that the victim does not want the punishment against the defendant, that the defendant takes measures not to withdraw the money deposited by the defendant's name and returned the money to the victim so that the victim does not actually suffer damage, and that the defendant seems to have neglected the awareness of the principal offender's crime or the intent of aiding and abetting.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unlimited and deemed unfair, and thus, the Defendant’s assertion is reasonable.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the law is as stated in the applicable column of the judgment below.

1. Article 49 (4) 1, Article 6 (3) 1 (a) of the Act on Electronic Financial Transactions and Transactions (a point of transfer of access media), Article 347 (1) and Article 32 (1) of the Criminal Act (a point of aiding and abetting fraud) concerning facts constituting an offense, and the selection of fines, respectively;

1. Article 32(2) and Article 55(1)6 of the Criminal Act that provides mitigated relief (with respect to aiding and abetting fraud),

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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