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(영문) 광주지방법원 2021.01.12 2020노2607

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment, and No. 1 of confiscation) is too unreasonable.

2. The facts that the Defendant recognized all of the instant crimes, and that the Defendant paid KRW 8 million to the victim B, Q and H respectively, KRW 2 million, and KRW 3 million at the lower court, and that the said victims and the Defendant agreed that the said victims are not punished, and that the Defendant did not seem to have come to commit the instant crimes in a situation where the Defendant correctly perceived the substance and the resistance of the instant crimes.

On the other hand, in order to eradicate the Bosing crime, it is necessary to punish the simple participants in the crime, and the defendant took an essential role in the completion of the Bosing crime and the realization of profit from the deposit, and the defendant is an employee belonging to a financial institution while receiving money from the victims and actively deceiving the victims, etc.

It appears that the total amount of damage, the total amount of 7,4270,000 won, the victims' damage has not been recovered partially, the victims X wanted to be punished by the defendant in this court, and the defendant took part in the defendant's act by phoneing to the defendant on April 13, 2020, and thus, the police officer in charge of the victim H, who received the victim's report on April 13, 2020, took part in the defendant's act, and accordingly, the defendant neglected the request to immediately discontinue the crime, and continued the crime of this case, and the criminal record of fraud, who was sentenced to the suspension

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, sex, family relationship, circumstances of crime, and various sentencing conditions shown in the records and arguments of this case, the sentence of the court below is too unreasonable.

. The defendant-appellant.