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(영문) 대구지방법원 2020.12.15 2020노3234

사기방조

Text

The defendant's appeal is dismissed.

An application for compensation order of M, an applicant for compensation, shall be dismissed.

Reasons

1. The lower court rejected the application for compensation filed by B, an applicant for compensation.

According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation is not entitled to appeal against a judgment dismissing the application. Since the part dismissing the application for compensation order among the judgment below has been already finalized, the application for compensation order

2. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

3. The lower court determined on the Defendant’s assertion of unreasonable sentencing by taking into account the following factors: (a) the instant crime was committed by the Defendant involved in the act of collecting and remitting cash; (b) the nature of the crime was inferior in light of the content of the crime; (c) the crime of Bosing was committed in a planned and organized manner against many unspecified persons; (d) the crime of Bosing is highly likely to cause serious social harm and injury to the victims; and (e) the amount of damage requires strict punishment; and (e) the amount of damage was not significant; and (e) the Defendant was negligent in the instant crime of Bosing even before and after the instant case; (b) the Defendant was subject to suspension of indictment due to the violation of the Electronic Financial Transactions Act; (c) favorable circumstances, such as the Defendant’s age, character and behavior; (d) the Defendant’s motive, means and consequence of the crime; and (e) the

Comprehensively taking account of the above circumstances as well as the circumstances indicated in the arguments and records of the instant case, the sentence of the lower court is too unreasonable, even considering the circumstances alleged in the trial by the Defendant, such as the circumstances difficult to the Defendant at the time of committing the crime, or the background of the crime.

4. A person who intentionally commits an illegal act by taking advantage of the victim’s care to determine an application for a compensation order shall immediately be held liable on the ground of the victim’s care.