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(영문) 서울동부지방법원 2018.11.22 2018노488 (1)
사기등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for one year, and for one year and six months, respectively.

Reasons

The main point of the grounds for appeal is that the sentence of the lower court (two years of imprisonment for each of the Defendants) is too unreasonable.

Judgment

In light of the fact that the Defendants divided their mistakes, the Defendants agreed with some victims in the trial, and the rest of victims, making efforts to recover damage, and taking into account all of the sentencing conditions of the instant pleadings, such as the Defendants’ age, sexual conduct, environment, details, motive, means and consequence of each of the instant crimes, etc., the punishment against the Defendants is too unreasonable.

Therefore, the defendants' above argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is all with merit, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, it is acceptable to accept them as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 347(1) and 30 (the fraud) of the Criminal Act; Articles 70(4)6 and 19(5)4 (the violation of the Act on the Protection of Personal Information) of the Financial Industry Specializing in each credit; Articles 71 subparag. 6 and 59 subparag. 3 (the violation of the Act on the Protection of Personal Information) of the Personal Information Protection Act; and each choice of imprisonment;

B. Defendant B: Articles 347(1) and 30 of the Criminal Act (a point of fraud), Articles 70(4)6 and 19(5)4 of the Act on the Financial Industry Specializing in each credit, and each choice of imprisonment, respectively.

1. The Defendants who are subject to aggravated concurrent crimes shall be sentenced to punishment as ordered in consideration of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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