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(영문) 대구지방법원 2021.02.03 2020노3969

사기등

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

seizure.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment, confiscation) on the summary of the reasons for appeal is too unreasonable.

2. The instant crime was committed in a systematic and planned manner, and it is serious in society to cause severe harm. Therefore, it is necessary to impose severe punishment on the instant crime.

The defendant's act as a collection book of the Bosing organization and delivered according to the instructions of the merchant vessel reaches about KRW 73 million.

However, the defendant is fully aware of the crime of this case and reflects the depth of the defendant.

The period of the defendant's participation in the crime is not long and he acted according to the direction of the principal offender in the low location within the organization.

A relatively small amount of profits from the instant crime is the Defendant agreed with the victim J.

In addition, in full view of all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, family relations, circumstances of crimes, and criminal records, the punishment sentenced by the court below is unreasonable.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act in relation to the facts constituting an offense, Articles 231 and 30 of the Criminal Act (the occupation of fraud), Articles 231 and 30 of the Criminal Act (the occupation of the same Article as private document), Articles 234, 231, and 30 of the Criminal Act (the occupation of exercising the aforementioned investigation document);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;