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(영문) 서울중앙지방법원 2019.07.25 2019노1171
사기등
Text

The judgment of the court below is reversed.

The imprisonment with prison labor for the accused shall be two and a half years and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The sentence of the lower court (three years of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is an organized crime that leads to an unspecified number of victims and has a very significant harm to society, and the defendant clearly aware that he/she was involved in the singing crime of this case, and committed the crime of this case, etc. disadvantageous to the defendant.

However, in light of the sentencing conditions indicated in the argument of this case, such as the fact that the defendant recognized the crime of this case, the degree of participation is difficult to see that the defendant's age is over the age of 19 and there is no record of criminal punishment, and the character, character, environment, motive, means and consequence of the crime of this case, etc., the sentence of the court below is somewhat unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as it is 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 (Fraud) of the Criminal Act, Articles 352, 347(1), and 30 (Attempted Crime) of the Criminal Act, and choice of imprisonment for a crime;

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

1. Article 48 (1) of the Criminal Act of confiscation;

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