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(영문) 서울중앙지방법원 2020.04.28 2019노3610
사기등
Text

We reverse the judgment of the court below.

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

The application for compensation of this case is dismissed.

Reasons

1. The punishment sentenced by each judgment of the court below on the gist of the grounds for appeal (Article 1: 1 year of imprisonment and Article 2: 8 months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal for the judgment, this Court tried ex officio prior to the judgment on the grounds of appeal, and this Court tried by combining these cases with an appeal for each judgment of the court below. Each of the offenses in the judgment below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Therefore, each of the judgment of the court below is unable

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows, after the oral argument.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence and the summary of evidence are the same as the stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 225 of the Act on Real Name Financial Transactions and Confidentiality; Articles 225, 30 of the Criminal Act; Articles 229, 225, and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act; Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Confidentiality; Articles 32(1) of the Criminal Act (Article 32 of the Act on Real Name Financial Transactions and Confidentiality); Articles 229, 225, and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act (Article 49(4)2

1. Article 32(2) and Article 55(1)3 of the Criminal Act for aiding and abetting (see, e.g., Act on Real Name Financial Transactions and Guarantee of Secrecy)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 32(1) of the Act on Special Cases concerning the Expedition, etc. of Legal Proceedings of Application for Compensation;

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