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(영문) 서울남부지방법원 2018.11.13 2018노1084
사기
Text

We reverse the judgment of the court below.

Defendant shall be punished by imprisonment for a term of one year and six months.

As seized fake Financial Supervisory Service.

Reasons

1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for one year, and the second instance court: imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the court below examined the defendant's appeal ex officio, and sentenced the defendant to the punishment against each of the above judgments, and the defendant filed an appeal against each of the above judgments, and the court of the above judgment decided to concurrently examine the above appeal cases.

Each crime of the first and second judgment against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, in accordance with Article 38(1) of the Criminal Act, a single sentence shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. As such, the judgment of the court below in the first and second instances became unable to be maintained

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows through pleading.

【Grounds for a new judgment】 Facts constituting a crime and summary of evidence recognized by the court are identical as stated in each corresponding column of the first and second judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

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

1. Each of the crimes of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is a good criminal act that is committed by the defendant by taking part in the scaming crime in a systematic and planned manner and by deceiving cash from the victims, and has a great social hazard.

The defendant shall be an employee of the Financial Supervisory Service, and shall be paid in cash from the victims directly.

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