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(영문) 서울중앙지방법원 2020.03.26 2019노4212

범죄단체가입등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (e.g., imprisonment and one year and eight months), the defendant asserts that it is too unreasonable for the defendant to go too too unreasonable, and the prosecutor asserts that it is too uneased and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The telephone financial fraud crime like this case is planned and organized against many unspecified persons, and serious damage to many victims is incurred, and it is not easy to recover damage. Therefore, it is necessary to strictly punish such crime.

The defendant, who left China and transferred money to the victims of the Republic of Korea by directly communicating with the victims of the victims in the Republic of Korea, and received part of the money acquired through the above money as his own profit and shared an important role in the whole crime, and there is no possibility of criticism.

The total amount of fraud by the criminal defendant involved is 8,0250,000 won. According to the sentencing investigation report of the court below, the monetary damage of the victims is not fully recovered.

Such circumstances are disadvantageous to the defendant.

However, the defendants recognize all crimes, and repent the errors.

There is no record of criminal punishment against the defendant.

All of the victims of this case submitted a written agreement and a written application for non-guilty punishment to the defendant.

Such circumstances are favorable to the defendant.

In addition, considering the Defendant’s age, career, character and conduct, environment, family relationship, social relationship, motive and background of the crime, the degree and frequency of profit gained by the crime, circumstances after the crime, and other various conditions of sentencing as shown in the pleadings, the sentence of the lower court is deemed reasonable to have been made within the scope of the court’s discretion of sentencing, and cannot be deemed as excessive or unreasonable.

3. Conclusion, the defendant.