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(영문) 수원지방법원 2020.06.11 2020노1298

사기방조등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment) is too unreasonable.

2. It is recognized that, when the Defendant was in a trial, all of the instant crimes are recognized and the mistake is against the Defendant, in the case of the crime of fraud, the aiding and abetting, and there is no record of criminal punishment in the Republic of Korea.

However, the crime of this case is committed by the defendant to take part in the cash withdrawal measures of the Bosing Criminal Organization, and aids and abets the fraud by deceiving 17.9 million won from two victims by entering the Republic of Korea. The crime of this case is kept by delivering a total of seven physical cards with the knowledge that it will be used for Bosing Criminal, and its nature is very poor in light of the method and content of the crime, the frequency of the crime, etc. The crime of Bosing is very secret and planned, and it is difficult to regulate the crime, and the scope of damage is not limited and it is not easy to recover damage, and the social harm is very high, so it is necessary to strictly punish the victims. The damage of the victims was not recovered from the trial, and the defendant did not have been used from the victims, and the defendant's age, character and conduct, environment, motive and background leading to the crime, the means and consequence of the crime, and the circumstances after the crime, etc., and it is not recognized that the punishment of the court below is unfair.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.