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(영문) 서울중앙지방법원 2016.06.24 2016노1367
사기방조등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. Defendant (the second instance judgment)’s punishment is heavier than that of the lower court.

B. Prosecutor(s)(s) and the lower court’s sentence are minor.

2. This court held ex officio by combining the judgment of the court below, and each offense should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

The judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed, and the judgment below is reversed, and it is again decided as follows.

【Re-written judgment】 The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 32(1) (a) of the Criminal Act, Articles 347(1), 30 (a), and 30 of the Criminal Act, Article 49(4)1, and Article 6(3)1 (a) of the Electronic Financial Transactions Act (a point of transfer of access media) for criminal facts, the choice of imprisonment for each type;

1. Article 32(2) and Article 55(1)3 of the Criminal Act (limited to accessories and aiding and abetting fraud) of the statutory mitigation;

1. According to the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the crime of this case was committed by the Defendant in the organized financial fraud crime, and the crime of this case was committed by the Defendant as the “measures to withdraw”. Considering the social malicious nature that may affect the criminal of Bosing, the crime is not good, the Defendant again participated in the same crime even though he had the record of being suspended prior to the suspension of indictment, and the amount of damage is large, and the damage is not recovered.

The fact that the defendant is led to a crime and is against the law, and the actual profits acquired are not much high is a favorable condition.

Other punishment shall be determined by the court below in consideration of the circumstances revealed in the grounds for sentencing and the conditions of sentencing indicated in the records.

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