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(영문) 수원지방법원 2021.01.14 2020노6106

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is committed by the defendant involved in the collection and remittance of the damages to the Bosing Criminal Organization and by deceiving money from the victims as if he is an employee of a financial company. The crime of this case is committed in light of the method and content of the crime, which is considerably poor in the quality of the crime, 5 times the total amount of the damages, and 70 million won the total amount of the damages. The crime of Bosing is very unusual because it is difficult to crack down because it is very difficult to recover the damage and it is difficult to recover the damage, and it is very difficult to recover the damage. The damage amount has not been recovered even if it is not received from the victims, and the defendant was sentenced to a suspended sentence of imprisonment with prison labor due to a violation of the Electronic Financial Transactions Act, which lent access media around 2018.

On the other hand, it is favorable for the Defendant to recognize all of the instant crimes and reflect in depth the mistake, the benefits earned by the Defendant compared to the amount of damage incurred by the instant crimes, and the Defendant to have no criminal record other than the criminal record of a fine due to the crime of violation of the Electronic Financial Transactions Act and the criminal record of a crime of a different type of crime.

In full view of the above sentencing grounds and the facts that there were no special circumstances to change the sentence of the lower court after the sentence of the lower judgment, and the Defendant’s age, sex, environment, motive and background leading to the commission of the crime, means and consequence of the crime, and the various sentencing conditions and the sentencing of the same and similar cases, such as the circumstances after the crime, are excessively heavy or unbrupted.