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(영문) 서울서부지방법원 2016.12.22 2016노936
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

One copy (No. 1) of the seized passbook, and 10.0.0

Reasons

1. The summary of the grounds for appeal that the court below sentenced to the defendant (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

According to the records of this case, on November 16, 2016, the Defendant was sentenced to two months by the Seoul Western District Court for a violation of the Electronic Financial Transactions Act, and the said judgment became final and conclusive on November 24, 2016.

The final and conclusive judgment and each of the judgments of the lower court shall be sentenced to punishment for the crimes committed by the lower court in consideration of equity in cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act with regard to concurrent crimes provided for in the latter part of

Therefore, the judgment of the court below can no longer be maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence admitted by this court is as follows: (a) except for adding “the defendant was sentenced to two months by imprisonment with prison labor at the Seoul Western District Court on November 16, 2016 for an offense of violating the Electronic Financial Transactions Act; and (b) the above judgment became final and conclusive on November 24, 2016,” the same as each corresponding column of the lower court’s judgment, thereby citing it 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 of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. For the reason of sentencing under Article 48(1)1 (No. 1) of the Criminal Act and Article 48(1)2 (No. 2) of the Criminal Act, the so-called Bosing crime committed on a systematic and planned basis against many unspecified victims, such as the instant crime.

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