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(영문) 수원지방법원 2016.02.16 2015노5510
사기등
Text

All judgment of the court below shall be reversed.

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

A general list of seized articles.

Reasons

1. In light of the purport of the grounds for appeal by the Defendants and their defense counsel (unfair sentencing) and the fact that the Defendants committed each of the instant crimes by failing to threaten the bond business operators to cause harm to their family members, and the Defendants’ degree of participation is minor as the withdrawal of the organization of Bosing, etc., each of the Defendants’ imprisonment with prison labor for two years (the first instance judgment) and for one year and six months (the second instance judgment of the court below) is unreasonable.

2. Before determining the grounds of appeal on the grounds of ex officio determination, each of the judgment below's respective cases are consolidated in the trial of the party, and each of the crimes in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed at the same time pursuant to Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged by the Defendants and the summary of the evidence are as stated in each corresponding column of the lower judgment, and thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Article of the Criminal Act and each fraud as indicated in the judgment on the selection of punishment for the criminal facts: The point of keeping accessible media for the purpose of using each crime as indicated in the judgment on the selection of imprisonment with prison labor: Articles 347(1) and 30 of the Criminal Act; Articles 49(4)2, 6(3)3, and 30 of the Electronic Financial Transactions Act; the choice of imprisonment with prison labor;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Each of the instant crimes committed by the Defendants under Article 48(1) of the Criminal Act is subject to forfeiture (the Defendants) in collusion with the Defendants’ employees in charge of the so-called phishing sing singing singing 39,107,150 won in total from the victims, and 19 copies of cards and passbooks in the name of another person, which is an electronic financial access medium.

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