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(영문) 수원지방법원 2014.03.27 2013노6244
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Attached No. 3. of the No. 3. of the total list of seized articles.

Reasons

1. The gist of the reasons for appeal is that the original court’s punishment (one year and six months of imprisonment) is too unreasonable;

2. The crime of this case constitutes a reason for disadvantageous sentencing, such as: (a) the so-called Bophishing crime is of extremely significant nature that the method of receiving the crime is organized, planned, and intelligent; (b) the crime of Bophishing is a serious crime with a significant structure in which many victims live together; and (c) the defendant's act of withdrawing the crime is indispensable to achieve the purpose of the crime of this case and the degree of participation is not less than that of the defendant's act; (d) however, the defendant agreed with the victims of this case at the time of the trial; (e) the victims' damage is actually recovered; and (e) the defendant is deemed to have no history of punishment by sentence; and (e) the defendant seems to be against his or her wrong act; and (e) the defendant's punishment imposed by the court below is somewhat unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 333 (1) of the Criminal Procedure Act for return;

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