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(영문) 의정부지방법원 2019.09.27 2019노1840

사기

Text

The defendant's appeal is dismissed.

An application for compensation filed by an applicant for compensation at the trial of the party shall be dismissed.

Reasons

1. The court below's decision in the scope of this court's adjudication ordered the defendant to pay compensation for damage with respect to the application for compensation filed by C, and dismissed the application for compensation filed by B, and since the judgment dismissing the application for compensation as to the judgment dismissing the application for compensation pursuant to Article 32 (4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the case of the application for compensation filed by B, which is the application for compensation, becomes immediately final and conclusive. Thus,

2. The summary of the grounds for appeal (two years and eight months of imprisonment) by the lower court is too unreasonable.

3. The defendant has the following favorable circumstances:

The defendant recognized the crime of this case and is against the law.

The defendant has no record of criminal punishment except for punishment of a fine due to the crime of causing property damage in 2018.

The defendant's profits from the crime of this case are not significant.

However, there are the following disadvantageous circumstances for the defendant.

The Bosing crime is an organized crime that leads to an unspecified number of victims, and has a significant impact on society.

Since the delivery books of the defendant's responsibility is an important role that is indispensable for the completion of the Bosing crime, the degree of the defendant's participation cannot be deemed to be light.

In light of the contents of telephone conversations, which was divided by the Defendant before and after the instant crime, the Defendant seems to have been fully aware of the fact that the Defendant was involved in the Bosing crime.

The total amount of damage to the crime of this case exceeds KRW 100 million.

The victim B who agreed with the defendant in the court below and the defendant in the court below withdrawn the intention of not to punish the defendant.

Considering the favorable and unfavorable circumstances for the defendant, and considering this, the court below's decision is against the defendant when considering the sentencing guidelines of the Supreme Court's sentencing committee.