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(영문) 청주지방법원 2021.03.11 2020노1311
사기등
Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. As to the grounds for appeal, the Defendant involved in the collection of private documents in the name of a financial institution by taking part in the so-called “singing” criminal organization of telecommunications financing fraud (hereinafter “Sing”), forged private documents under the name of the financial institution, and uses them to obtain a total of KRW 11897 million from the victims, and should be punished by strict punishment in light of the social harm of telecommunications financing fraud crimes.

However, in full view of the motive behind the instant crime in order to assist the parents who were living in prison, the motive behind the instant crime, the fact that there was no record of criminal punishment before the instant crime, and other character, character, environment, method and consequence of the Defendant’s crime, the circumstances before and after the crime, etc., the sentence of the lower court is somewhat heavy.

3. As the appeal of the defendant is well-grounded, the part of the judgment below excluding the compensation order among the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court are identical to facts constituting an offense and summary of evidence as stated in each corresponding column of the judgment below, and thus, it shall be quoted pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 347(1), 231, 234, and 30 of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment, respectively;

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. Article 32 (1) 1 and Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits Rejecting Application for Compensation (the aggrieved person may file an application for compensation with the court in which the case is pending before the closure of pleadings at the court of first instance or the court of second instance, which suffered damage by the applicant for compensation in the case;

Cases asserted are not pending in the trial, and therefore are infinite law.

The reasons for sentencing are as follows.

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