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(영문) 서울남부지방법원 2020.10.13 2020노1315
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized evidence subparagraph 6 shall be confiscated.

Reasons

1. Summary of grounds for appeal (in original case: Four years of imprisonment);

2. The crime of this case is committed against the Defendant, even though it is aware that the crime of this case was committed against the majority of unspecified persons, the quality of the crime is inferior, the degree of the Defendant’s participation is not weak, and that the Defendant participated in the crime of this case with knowledge of the crime of Bosing.

However, in full view of the various circumstances revealed in the arguments in this case, including the fact that the victims were fully recovered from the damage, the victims did not want to punish the defendant, and the profits earned by the defendant compared to the amount of the damage are relatively small, the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the following decision is rendered.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the point of keeping a means of access for the purpose of using a crime), Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (the point of using a means of access for the purpose of using a crime), and the choice of imprisonment for each type;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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