beta
(영문) 서울중앙지방법원 2020.02.06 2019노3311

사기등

Text

The defendant's appeal is dismissed.

The defendant pays 18,399,560 won to EN, an applicant for compensation, who is an applicant for compensation.

Reasons

1. The summary of the grounds for appeal (six years of imprisonment) by the lower court is too unreasonable.

2. The Defendant, in advance, planned closely with accomplices to commit the instant Bosing repeatedly over a considerable period of time against many and unspecified victims in a systematic and professional manner.

In this case, the Defendant actively participated in and led the crime by creating, managing, and operating a large passbook solicitation team and a withdrawal team.

The Defendant did not return to Korea for a long time after committing the crime and actually carried out an escape life abroad.

The Defendant did not make efforts to recover damage up to the judgment of the court below, and agreed with some victims who obtained the physical card by fraud during the trial period, but the damage of the victims of the deposit fraud caused by property damage was not completely recovered, and even if they did not receive any tolerance from them.

Although the Defendant filed an application for compensation with the victim who suffered property damage equivalent to 36,500,000 won (36,500,000 won was remitted through a passbook in large passbook, but some of the money was not withdrawn due to suspension of payment, and the actual withdrawn amount is 18,39,560 won) at the trial, the Defendant did not recover the damage to the above victim until now on the ground that the scope of liability with the accomplice is unclear.

In light of these circumstances, even if the defendant's family and branch members are the defendant's wife, and considering all favorable circumstances such as the circumstances agreed with some victims in the trial as seen earlier, the court below's punishment cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

3. Accordingly, 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.