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(영문) 서울중앙지방법원 2018.10.19 2018노1248
사기
Text

The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B KRW 15 million, Defendant C.

Reasons

In the event of the misunderstanding of the substance of the grounds for appeal (Defendant C) as to the violation of the Telecommunications Business Act, the part that is opened or overlapped at normal times in the list of offenses listed in the judgment of the court below shall be excluded, and the part that is excessively calculated for smuggling shall be reduced in accordance with the actual sales amount.

In the case of violation of the Radio Waves Act, any part which is opened or overlapped in the above circumstances shall be excluded from the list of crimes attached to the judgment of the court below.

The sentence of the lower court (Defendant B: Imprisonment with prison labor for 6 months, Defendant C: imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

A. A. Of the facts charged on January 1, 200 of the case as indicated in the judgment of the court below with respect to Defendant C, the prosecutor obtained KRW 165,430,00 from his/her own name and received transfer of KRW 165,430 from his/her own name-free exporters, using other cell phones whose unique number of the devices in question has been reproduced for a certain period of time, approximately KRW 247 million ( KRW 100,000 per 1,00) of KRW 128, KRW 231,000 as indicated in the judgment of the court below, and KRW 194,310 as stated in the judgment of the court below, KRW 19,470 as stated in the judgment of the court below, and KRW 194,310 as stated in the judgment of the court below, KRW 29,310 as new cell phone number of 128,400 as stated in the judgment of the court below.

However, there are such reasons for ex officio reversal.

Defendant C's.

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