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(영문) 대구지방법원 2021.03.23 2021노377

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The judgment below rejected the applicant B’s application for compensation.

According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation is not entitled to appeal against the judgment dismissing the application, and since the part of the judgment below dismissing the application for compensation order has already been finalized, it is excluded from the judgment of this court.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment, confiscation) is too unreasonable.

3. The lower court held that the Defendant was involved in a relatively simple act, such as collection books and delivery books, inasmuch as the crime of Bosing was completed by a multiple number of persons in the form of organization that are favorable to the Defendant (as for Bosing, the Defendant is judged as dolusible intentionally, and the actual profit gained by the Defendant was smaller than the amount of fraud damage, the Defendant was the first offender who has no criminal record, and the Defendant was aware of facts, and the Defendant is against the Defendant) and at a disadvantage (the crime of Bosing is not only an individual victims, but also an individual victims, but also a serious social harm, such as undermining trust among the members of the society, and the crime of receivings was completed by performing the role of sharing the entire form of organization.

Even if severe punishment is inevitable, the defendant committed the crime under the direction of the person whose identity is unclear, and the victims' damage suffered is not recovered) seems to have sentenced to the above punishment by comprehensively taking into account the following factors: (a) the defendant's desire to receive excessive remuneration compared to the day on which he/she committed the crime.

The total sum of the crimes of defraudation and theft of this case, including the aforementioned several sentencing grounds and attempted crimes, recognized by the court below, reaches approximately KRW 1,60,000,00,000, in light of the defendant's age, career, sex, criminal conduct, environment, family relationship, motive and circumstance of the crime, means and consequence, and other circumstances revealed by the record.