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(영문) 서울동부지방법원 2020.11.20 2020노1190

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

6,500,000 won shall be additionally collected from the defendant.

Reasons

1. The sentence imposed by the lower court (two years and six months of imprisonment, additional collection of KRW 6.5 million) is too unreasonable.

2. The so-called “singishing crime” is an organized and intelligent crime in which a number of victims are blishing, and has great social harm and structural characteristics that are not easy to recover damage, and the defendant attempts to mislead people by making phone calls to many people on the basis of data provided by employees of the Bosing top level, and by misrepresenting them to an investigation agency, etc. under the clear recognition of the fact that he/she is committing deception. The nature of the crime is not good; the amount of the crime of the instant Bosing is large; the defendant has been subject to criminal punishment several times; on the other hand, the defendant recognized his/her mistake; the defendant appears to have withdrawn from Korea; the defendant does not seem to have served as a core position or role in the above organization; the defendant does not seem to have any profit acquired by the crime of this case; the defendant's age, character and conduct, occupation, circumstances leading to the crime of this case; and the circumstances that led to the crime of this case after the crime of this case are too unfair.

Therefore, the defendant's above assertion is justified.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;