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(영문) 서울북부지방법원 2016.11.10 2016노1657
사기방조등
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, Article 32 (2) of the Criminal Act provides that "the punishment of the principal offender shall be mitigated to less than that of the principal offender," but the court below erred by omitting legal mitigation pursuant to the above provision in determining the punishment of the crime of aiding and abetting fraud against the defendant. Thus, the judgment of the court below in this regard cannot be maintained.

In addition, the crime of aiding and abetting fraud in the decision of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act with the crime of aiding and abetting fraud in accordance with Article 38(1) of the Criminal Act, so the judgment of the court below

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is ruled as follows through pleading.

[Dao-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is as follows. The summary of facts constituting an offense and evidence is accepted by the court below in accordance with Article 369 of the Criminal Procedure Act, since it is identical to the corresponding column of the judgment of the court below, in addition to the fact that the "investigation Report (the result of victim's I currency)" in Chapter 6 of the judgment of the court below is deemed as an "Investigation Report (the attachment of report on transactions in the bank account in the name

Application of Statutes

1. Articles 347(1) and 32(1) of the Criminal Act applicable to the relevant criminal facts under the relevant Act, and Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the transfer of means of access);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Mitigation of crimes under Articles 32(2) and 55(1)3 of the Criminal Act (with respect to the crime of aiding and abetting fraud),

1. Aggravation for concurrent crimes;

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