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(영문) 서울중앙지방법원 2019.02.15 2018노3887
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 1 to 12, 14 through 16, of seized evidence.

Reasons

The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and confiscation) of the lower court is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Sentencing Criteria [Scope of Punishment in Law] 15 or less years of imprisonment [Determination of Punishment] : Violation of Electronic Financial Transactions Act of Type 1 (less than 100 million won) of systematic fraud among fraud crimes: The sentencing guidelines are not set. [In the event that a crime is committed repeatedly against unspecified or large number of victims or over a considerable period of time, mitigation elements of fraud shall be mitigated [Scope of Recommendation Punishment]: One year and six months from the base area of fraud [Application of Multiple Crimes]: Imprisonment with prison labor for not less than one year and six months (limited by the main sentence of law] (limited by the main sentence of law]; 15 years from the 1 year and six months from the 15th of the 196th of the 3rd of the 195th of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 3rd of the 3rd of the 3rd of the 3rd of the 2nd of the 3rd of the 1st of the 3rd of the 2nd of the 3rd.

(However, this provision shall not apply to cases under summary proceedings or summary trial proceedings).

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