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(영문) 서울북부지방법원 2019.10.18 2019노1175

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The punishment (a year and six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

B. The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. The criminal defendant's participation in the judgment is a crime of causing damage, which is virtually difficult to recover from the victims, in a planned and organized manner against many unspecified victims, and has a great social harm.

The defendant has performed the role of remitting money to others by delivering the money obtained through deception according to the direction of the staff of the Bosing criminal investigation officer, and due to the act of the defendant, a person who is an accomplice has been able to acquire 24 million won in reality, which has not yet been fully included in his number.

The Defendant, by the same method, intended to transfer KRW 10 million to another person, and attempted to transfer it to another person.

Furthermore, the defendant was already involved in the crime of this case with the knowledge of the harmful effects of the previous crimes, and it seems that the defendant's strict punishment is inevitable.

This is disadvantageous to the defendant.

However, when the defendant is in a trial, he recognizes all crimes and reflects them.

As seen earlier, one of the crimes committed did not cause damage to the attempted crime.

In the trial of the party, the victim B paid KRW 10 million to the victim B, and the above victim agreed that he would not be punished by the defendant in this court.

This is the circumstances favorable to the defendant.

In light of the above circumstances comprehensively taking into account the defendant's age, character and conduct, environment, background, means and consequence of the crime, various sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

Therefore, it is true.