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(영문) 수원지방법원 2018.08.23 2018노4104

사기등

Text

The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant in collusion with his name-free merchant E, etc. in order to deliver the e-mail card connected with the passbook and withdrawn the money by taking the money into account the account of the singishing organization. The Defendant performed a considerable role in the crime of Bosing the singish. Since the role of the cash withdrawal is essential due to the characteristics of the singishing crime, the role of the singishing is essential, so it cannot be deemed that there is a need to strictly punish not only the person who led the crime but also the person who takes charge of the role of cash withdrawal in order to eradicate the organized crime. The fact that there is a large number of victims due to the crime of this case and the total amount of damage, etc. is disadvantageous to the Defendant.

On the other hand, in full view of the following circumstances: (a) the defendant shows an attitude against the victim by recognizing all of the crimes; (b) the defendant agreed to compensate for part of the amount of damage to the victims in the original trial; and (c) the victims want to compensate for the total amount of damage in the first instance trial; (d) the defendant does not have any history of punishment or any criminal record exceeding a fine due to the same kind of crime; and (e) the defendant does not have any other criminal record, such as the defendant's age, sex, sex, environment, degree of damage, motive, means and consequence of the crime; and (e) the circumstances after the crime, the sentence imposed by the court below against the defendant is too unreasonable.

Therefore, the defendant's and defense counsel's assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.