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(영문) 인천지방법원 2016.11.23 2016노1395 (1)
전자금융거래법위반등
Text

Of the judgment of the court below of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A1’s admission to a criminal organization (as to the second instance judgment), the Defendant only worked as a counselor at the Chinese call center from April 20, 2013 to September 15, 2013, and did not have joined a criminal organization from January 12, 2013. (2) As to fraud, the Defendant was in Korea for a period from March 19, 2013 to April 4, 2013, and the lower court’s decision was unreasonable on the following grounds: (a) from around October 23, 2013 to around September 15, 2013, the Defendant was sentenced to imprisonment with prison labor from the Chinese call center from around 20 years to around 15, 2013; and (b) from around October 23, 2013 to around 2013, the Defendant could not be held liable for fraud during the period from around 20 days to around 20 days before and after the call call center.

B. Defendant C1) misunderstanding of facts did not have any fact by participating in the instant crime, and there was no conspiracy with B. 2) The sentence imposed by the first instance court of unfair sentencing (two years of suspended sentence for imprisonment for eight months) on the Defendant is too unreasonable.

2. Determination

A. Judgment 1 ex officio on the part against Defendant A: (1) prior to the judgment on the grounds for ex officio reversal due to consolidated proceedings, this Court tried by combining each appeal case against the judgment below; and each of the offenses against the Defendant in the judgment below are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be punished as a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.

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