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(영문) 인천지방법원 2020.12.18 2020노3250

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and confiscation) imposed by the court below is too unreasonable.

2. The crime of fraud and attempted fraud of this case committed by the Defendant was committed by the Defendant, taking part in the collection and delivery of the amount of damage to the Bosing criminal organization, and delivered the amount of KRW 4,7150,000,000,000 to the members of Bosing singing singinginging singing singing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing

However, in light of the following: (a) the Defendant appeared to have been aware of all of the instant crimes when the Defendant was in the trial; (b) the Defendant initially expressed his intent that the said victims would not want punishment against the Defendant by mutual consent with the defrauded C,O, R, and the first offender; (c) the crime of fraud against the victim H is committed in favor of the attempted crime; and (d) other factors of sentencing as indicated in the instant pleadings, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the lower court’s punishment is somewhat unreasonable.

3. In 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 with merit.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 (Fraud) of the Criminal Act, and Articles 352 and 347(1) of the Criminal Act for the selection of criminal facts;