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(영문) 광주지방법원 2020.11.17 2020노2278

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is favorable for the following reasons: (a) the Defendant was the primary offender and all of the instant crimes; (b) the Defendant was a minor at the age of 18 years at the time of the instant crime; and (c) the Defendant’s profits derived from the instant crime are not much than 1.3 million won.

On the other hand, in order to eradicate the Bophishing crime, it is necessary to punish the persons who participated in the crime with strong punishment, and the defendant is in charge of the essential role in the completion of the Bophishing crime and the realization of the profit of the Bophishing crime as a gold and deposit account account, and it seems that the degree of participation is not easy, and that the total amount of damage is considerably 83 million won and the damage of the victims is not recovered.

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.