beta
(영문) 서울중앙지방법원 2020.10.08 2020노2026

범죄단체가입등

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., the court below sentenced the Defendants to one year and ten months of imprisonment, respectively, and the Defendants’ punishment is too unreasonable on the grounds that the Defendants’ punishment is too unreasonable. The prosecutor respectively filed an appeal on the grounds that the punishment is too uneasible and unreasonable.

2. We examine both the Defendants and the Prosecutor’s assertion.

The telephone financial fraud crime is a crime committed on a systematic and planned basis for many unspecified persons, and it is very poor that the economic and social weak are subject to major crimes, such as causing more difficult situations by taking advantage of the poor circumstances.

In addition, the defendants play a key role in actively deceiving victims as if they were investigators of investigation agencies by posting a telephone to many and unspecified persons while working as the organization for about five months.

However, in light of the fact that the defendants were led to the confession of all crimes, and the crime charged in this case took place by deceiving 68,363,968 won in total for 4 victims. Among them, the victim T has recovered part of the damage in the first instance trial, and the victim prepared a written application for no punishment, and the defendants had been sentenced several times to a fine due to each of the crimes, but there was no more serious history of punishment. In addition, considering the defendants' age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and all the circumstances shown in the records and arguments of this case including the circumstances after the crime, the court below's punishment is appropriate.

Therefore, each of the defendants and the prosecutor's arguments on unfair sentencing are not accepted.

3. As such, the appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.