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(영문) 서울중앙지방법원 2019.03.28 2019노84

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The punishment sentenced by the court below (three years of imprisonment) shall be too unreasonable, because of the gist of the grounds for appeal

(F) The crime of Bohishing 2. The judgment of the court below is mainly related to the victim who was placed in the body and concealed the identity of the criminal, so that the victim could not be able to trace the criminal, thereby causing a big financial loss to the victim, and it is necessary to prevent the damage to the society as a whole by spreading to society, creating a conviction for the prevention of the crime, causing a serious loss to the whole society, the method of the crime is also poor, and even the subordinate involved, it is necessary to contribute to the concealment of the entire crime and to contribute to the concealment of the crime by sharing the action in the form of an occupation organization, and to share a significant role in the crime, so

The damage caused by each of the instant crimes was not completely recovered.

On October 24, 2017, the Defendant committed each of the instant crimes even though he/she was sentenced to imprisonment with prison labor for six months with prison labor for special larceny in the Youngcheon District Court’s Young-gu branch on October 24, 201, and the judgment became final and conclusive on November 1, 2017, and was under probation period.

However, the Defendant did not direct each of the crimes of this case, and only shared the simple execution, and it seems that the Defendant did not collapse to China for the purpose of each of the crimes of this case.

Considering the fact that each of the crimes of this case committed Bosing criminal, it cannot be deemed that the amount of damage (6,980,000) is significant.

The defendant recognizes all the facts of the crimes of this case, and repents his mistake, and there is no history of criminal punishment except for the previous convictions of the suspension of execution, and the economic situation is not good.

In addition, the defendant does not commit a crime again in the future.

In addition, in full view of the following circumstances, the Defendant’s age, career, character and conduct, environment, family relationship, social relationship, motive and background of the offense, the method and consequence thereof, and the circumstances after the offense, etc., as well as the sentencing conditions indicated in the record.