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(영문) 인천지방법원 2018.10.19 2018노2093
사기등
Text

The part of the judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed, respectively.

The defendant shall be punished by imprisonment for a term of one year and one year.

Reasons

1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for 8 months and fines for 80,000 won, and imprisonment with prison labor for 6 months) of the lower court’s punishment is unreasonable.

2. The defendant filed an appeal against the judgment of the court below and decided to concurrently examine the above appeal cases.

Each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. The conclusion of the judgment below is that there are grounds for reversal of the above authority. Thus, without examining the defendant's unfair argument of sentencing, the part of the judgment below excluding compensation order among the judgment of the court below of first instance pursuant to Article 364 (2) of the Criminal Procedure Act and the judgment of the court below excluding compensation order, and the judgment below excluding the

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each of the relevant columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts as to the option of punishment (2017 order 8932, 905, 2018 order 4436 order 8932, 9055, 2018 order 4436 order 4436, order 347(1), and 30 of each Criminal Act (2018 order 3560, order 2018, order 3560, order 2018, order 4436 of order 4436, order 246(1) of the Criminal Act, Article 49(4)2, and 6(3)3 of the Electronic Financial Transactions Act (or choice of an access medium, order of imprisonment)

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to each crime other than gambling)

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse (a favorable circumstance) of the Criminal Act (hereinafter “the Act”) is to make all the crimes of this case.

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