(영문) 광주지방법원 2021.03.18 2020노3376 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2021.03.18 2020노3376

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unfortunate and unreasonable.

2. The criminal act of single-scam is a planned and organized criminal committed against many unspecified victims, and the role sharing of accomplices at each stage of the crime is thoroughly conducted as well as in the form in which the identity is unknown among accomplices, and even if it is controlled, only a part of the criminal organization is arrested, and it is difficult to find out the root.

It is necessary to strictly punish victims with severe social harm and injury, such as continuing to grow a large number of victims due to such phishing crimes, the damage is not easy to recover even though the damage is considerable, and the monetary and mental suffering of victims remains serious.

Even though the Defendant merely transferred cash to a designated account by the victims, it is inevitable to sentence a sentence on the ground that it cannot be deemed to be an essential role to the phishing crime, as it is essential to the phishing crime.

However, the fact that the defendant led to the crime of this case, the defendant seems to have committed the crime of this case intentionally without any particular criminal record, the fact that the defendant was the first offender who did not commit the crime of this case, the defendant's profit actually acquired by the crime of this case is not much much to KRW 90,000,000,000,000 from among the victims, the defendant paid and agreed to pay part of the amount of damage to two victims, the victim F's damage amount to KRW 23,00,000,000 is deemed to have been arrested and recovered from damage on the spot, the fact that the defendant's family members and the employees want to move together, and the situation, motive, and motive leading to the crime of this case.

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