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(영문) 서울북부지방법원 2021.03.04 2020노1755

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

However, for the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below (one year and two months of imprisonment) against the defendant on the summary of the grounds of appeal (unfair sentencing) is too unreasonable.

2. The Defendant’s act of collecting and remitting cash, which the Defendant shared, is an essential act to achieve the purpose of the criminal act of Bosing, and the liability for the crime is not less than 10 million won in total, a large amount of damage, and the amount of the Defendant’s acquisition of the instant crime also appears to be small.

However, the defendant did not lead the crime of Bosing, but only shared some acts according to the instructions of the general responsibility. At the court below, the court below agreed to recover part of the amount of damage to two of three victims (the victim K: KRW 6,50,000 out of the amount of damage 34 million, KRW 50,000,000, KRW 10,000 out of the amount of damage : 50,000,000 out of the amount of damage) and the victimO agreed to recover part of the amount of damage to the victim at the court of the first instance (the amount of damage 18,000,000 won out of the amount of damage 18,000,000 won) and agreed to recover part of the amount of damage to the victim at the court of the first instance and the victim agreed to do so. The court below's decision that the victim's prior action of the defendant, without any history of crime, and that the defendant's age, sex, environment, motive, motive, and circumstances after the crime were too unlawful.

The appeal by the defendant shall be reasonable.

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

【Grounds for another judgment】 Facts constituting an offense and summary of evidence recognized by the court are identical to facts constituting an offense and summary of evidence as stated in each corresponding column of the judgment below.