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(영문) 수원지방법원 2020.06.11 2020노1284

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is committed by the Defendant who participated in the organization of the Bosing criminal act from March 2019 to August 27, 2019, and received approximately KRW 7,500,00 from the victim by inserting a large number of depths, etc. into VoIP Trawawa to make it possible to indicate the phone numbers of its members in the domestic mobile phone numbers, not international telephone or Internet telephone numbers, for six months from around March 2019 to around August 27, 2019. The crime of this case is committed in violation of the Telecommunications Business Act due to the change of telephone numbers from the victim in the process, another person’s communication or without registration, and the crime of Bosing is very poor in light of the period, method and contents of the crime, and it is hard to regulate the crime because the crime of this case was committed, and thus, it is very difficult to recover the scope of damage, and thus, it is necessary for the Defendant to punish the crime of this case under suspended execution for a considerable period of 20 years.

On the other hand, the defendant recognized all the crimes of this case and divided the mistake in depth, the defendant paid a considerable amount of damage to the victim of the fraudulent crime in the original trial and did not want the victim to punish the defendant, and the defendant did not have any criminal record exceeding the suspension of execution of imprisonment, and the defendant is still a 20 young person.