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(영문) 수원지방법원 2020.09.18 2020노2011

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1,950,00 won shall be additionally collected from the defendant.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (two years of imprisonment, 1950,00 won for additional collection) is too unreasonable.

2. Among the instant crimes, the crime of fraud and the violation of the Electronic Financial Transactions Act is related to the so-called Bophishing crimes, and the crime of Bophishing is hard to crack down because the method of crime is so close and intelligent that it is difficult to control it, and the scope of damage is not discriminatory and large, and it is not easy to recover from damage, and it is highly harmful to society.

The defendant was involved in acquiring money exceeding 1.4 billion won by entering the Bophishing organization in a foreign country.

As such, even though the damage caused by the instant crime of fraud was prevented, the damage was almost not recovered.

In addition, the defendant's role in the singing organization is the so-called data classification and reorganization work. This is to confirm whether the name and telephone number coincide with the personal information number secured by the organization, and whether the person applied for the loan, and it is also to confirm the accuracy of the personal information secured by the above organization and specify the subject of crime. Thus, the degree of the defendant's participation in the singing crime is deep.

Furthermore, the defendant has arranged commercial sex acts in foreign countries for about one year using the car page of the domestic Internet portal site and the account of domestic financial institutions.

However, the defendant recognized the crime of this case.

The Defendant voluntarily surrendered and voluntarily entered the Republic of Korea.

The Defendant agreed with two of the victims of the instant crime of fraud.

In addition, the instant crime is in a concurrent relationship between the crime of fraud (two years of imprisonment) as indicated in the judgment of the court below which became final and conclusive on February 26, 2020 and the latter part of Article 37 of the Criminal Act, and thus, a punishment for the instant crime shall be sentenced in consideration of equity and the case where a concurrent judgment is to be rendered under Article 39(

The equity between the accomplices in the instant crime of fraud, which became final and conclusive.