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(영문) 서울북부지방법원 2020.07.28 2020노743

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The number of seized articles 1 through 7, 9 through 149, respectively.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, confiscation) of the lower court against the Defendant is too unreasonable.

2. The crime of this case is determined based on the following facts: (a) the Defendant participated in the organization of the Bosing criminal, and the Defendant relays communications by inserting a large number of times into the mobile phone number in Korea, which is not an international telephone or Internet telephone number, so that the phone number of its staff in charge of deception can be indicated as an international mobile phone number; and (b) the Defendant committed the crime of violating the Telecommunications Business Act through the transmission of another person’s telephone number in the process; (c) the Defendant committed the crime of Bosing; (d) the nature of the crime is poor; (e) the crime of Bosing is hard to control because the crime is closely and planned; and (e) the scope of damage is very great in social harm; and (e) the Defendant committed the crime of this case without being aware that it was a repeated offender; and (e) the Defendant cannot be said to have directly participated in the act of violating the Telecommunications Business Act by directly committing the act of using the means to commit the crime of Bosing as above.

However, the punishment imposed by the court below is too unreasonable in consideration of various sentencing conditions in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive and means of the crime, circumstances after the crime, etc., when considering the fact that the defendant paid 2 million won to Q in the trial to the victim Q and did not want the punishment of the defendant, the victim I does not want the punishment of the defendant by agreement with the defendant, and the victim I also want to endeavor to help the defendant's family members to guide the defendant.

3. Conclusion, the defendant.