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(영문) 서울서부지방법원 2020.09.28 2020노891

사기등

Text

Defendant

The judgment of the court below against A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

No. 10 of seized evidence.

Reasons

1. As to the summary of the grounds for appeal (e.g., both types of punishment) sentenced by the court below (e.g., imprisonment of 1 year and 1 year and 8 months), the Defendants appealed on the grounds that the sentence is too unreasonable, and that the prosecutor is too uneasible and unreasonable.

2. We examine the grounds for appeal by the Defendant A (hereinafter “Defendant”) and the Prosecutor on the part of the Defendant A.

The crime of Bosing is a crime that is planned and organized against many unspecified persons and that leads to the massing of many victims, not only is the quality of the crime, but also social harm caused by it is serious, particularly those who are in a very difficult place in the economy and society are mainly the object of the crime.

The crime of this case was acknowledged that the defendant would facilitate the commission of the crime of Bosing, but it was not only the direct receipt from the victims, but also the defendant B was introduced into the organization of Bosing with the introduction fee as a collection measure. Furthermore, the defendant B had spread the crime of Bosing in a way that the defendant could participate in the crime of withdrawing the amount of damage from the account of the victims and remitting it to the account directed by the personnel of the organization of Bosing. The defendant's liability is very heavy.

Meanwhile, considering the circumstances favorable to the defendant that the defendant led to his confession and reflects on his criminal act, and that the defendant paid KRW 3 million to the victim D and agreed to pay KRW 2 million to the victim K as favorable to the defendant, the court below's punishment is deemed unfair, considering all other factors of sentencing as a whole, including the defendant's age, career, character and conduct, family relationship, circumstances after the crime, etc., and the circumstances after the crime and arguments in this case.

Therefore, the prosecutor's assertion of unfair sentencing.