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(영문) 의정부지방법원 2018.06.18 2018노1083
사기등
Text

The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and two months of imprisonment, confiscation) is too unreasonable.

2. Each of the instant crimes committed by the Defendant is a situation unfavorable to the Defendant, where each of the instant crimes was committed by taking part in the so-called phishing fraud, in a systematic and planned manner, by which the Defendant took part in the so-called phishing fraud, and kept 20 OTP to use the said fraud crime, and where there is a serious personal and social harm, and there is a need to punish the person who took part in the said crime.

However, in full view of all other circumstances, including the favorable circumstances such as the defendant's age, sex, environment, career and occupation, background of the crime, circumstance after the crime, etc., that the court below's punishment is too excessive and unfair, and the defendant's punishment is deemed unfair, since it is judged that the defendant's punishment of this case is too excessive and unfair. The defendant's punishment of this case is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for the new judgment] Criminal facts and the summary of evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Article 49(4)2, and Article 6 of the Electronic Financial Transactions Act concerning the crime.

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