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(영문) 대구지방법원 2015.01.09 2014노4094

사기방조등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced against the Defendants (e.g., imprisonment of one year and six months, and imprisonment of six months) is too unreasonable.

2. Determination

A. It is recognized that the Defendant’s judgment against Defendant A led to the confession of the instant crime and reflects the mistake, the amount of damage caused by the Defendant’s aiding and abetting was large amount, but the profit actually acquired by the Defendant appears to be merely the amount acquired through the purchase of the means of access, and the Defendant’s aiding and abetting the instant fraud is related to aiding and abetting.

However, considering the structural characteristics and current investigation conditions of the crime of the crime of the so-called "singing, etc.," in which the defendant participated, such as the so-called "singing, etc., is very good for the crime as a systematic and planned crime, such as that it affects an unspecified number of victims and has a serious adverse effect on the trust relationship with the whole society. Considering the structural characteristics of the crime of the singing that it is not easy to detect and arrest the criminal due to its operation in the form of the organization, there is a need to strictly punish the person involved in the crime in order to eradicate such crime. The defendant has taken the lead of and collected a large passbook to use in the crime of the fraud against the one-time union members of the same region, and it cannot be deemed that the role and degree of participation of the defendant in the crime of the fraud in this case are against I. The number of means of access taken over by the defendant, there is no effort to recover damage, the defendant can have the same kind of criminal records and criminal records, such as imprisonment with prison labor for 2 years and six months due to fraud, etc.