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(영문) 서울동부지방법원 2020.08.28 2020노702

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

A civil petition for tracking the financial account of seized financial crimes.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (two years and six months of imprisonment) is too unhued and unfair.

B. The above sentence imposed by the court below is too unreasonable.

2. The grounds for appeal by the public prosecutor and the defendant are also examined;

In light of the fact that the so-called Bosing crime is an organized and intelligent crime that helps a large number of victims to commit a serious social harm, and has structural characteristics that are not easy to recover damage, and thus there is a great need to strictly punish the defendant, the defendant involved in the Bosing crime and has forged and exercised an official document. The crime is not good, and the amount of damage to the crime in this case is large, and the damage has not been recovered, it is necessary to impose a strict liability on the defendant. However, the defendant's mistake is recognized, but there is no criminal punishment except that the defendant has been punished once by a fine in 2010, and there is no criminal punishment except that the defendant has been punished once by a fine in 2010, and there is no benefit acquired by the crime in this case without the period of participation in the crime in this case. In full view of all the circumstances such as the defendant's age, character, character, environment, occupation, circumstances leading to the crime in this case, details and circumstances after the crime, etc., the court below's sentence of punishment is unfair.

Therefore, the prosecutor's argument is without merit, and the defendant's argument is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.