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(영문) 서울중앙지방법원 2020.11.06 2020노2630
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.

Seized evidence 1 or 2 shall be confiscated.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment and confiscation) is too unreasonable.

2. In addition to the favorable circumstances revealed by the court below, considering the fact that the defendant recognized the crime in the court of the first instance and paid part of the damage to the victim, there is a change of circumstances by agreement with the victim, the defendant took over the relay from the person who was the principal offender and committed the crime, and the case of Bosing damage, which was confirmed as the defendant's participation, is somewhat heavy, considering the fact that the victim of the case in this case was the only victim until now.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for criminal facts, Articles 347(1) and 30 of the Criminal Act for the choice of punishment, Articles 95-2 subparag. 4 and 84-2(1) of the Telecommunications Business Act, Article 30 of the Criminal Act, Article 97 subparag. 7 and the main sentence of Article 30 of the Telecommunications Business Act, Article 30 of the Criminal Act, Articles 95 subparag. 3 and 6(1) of the Telecommunications Business Act, Articles 95 subparag. 3 and 6(1) of the Telecommunications Business Act, Article 30 of the Criminal Act, the choice of imprisonment;

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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