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(영문) 서울중앙지방법원 2021.02.02 2020노3355
범죄단체가입등
Text

All appeals filed by the Defendants and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (Defendant A: imprisonment of one year and eight months, additional collection of two million won, Defendant B: imprisonment of one year and one additional collection of one million won) is too unreasonable.

B. In light of the fact that the Defendants were to act as a counselor for the solicitation team of the presidential passbook and to obtain money from the Defendants, the nature of the crime was poor, the damage was not recovered, and the additional collection under the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds constitutes punitive additional collection, and it is reasonable to collect money from the Defendants to the full amount of the acquired money, etc., the punishment imposed by the lower court is too unreasonable.

2. Where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it at the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the above legal principles, there is no change in the conditions of sentencing compared with the lower court because new sentencing data were not submitted in the trial, and the Defendants obtained money from the victims while joining the organization of the crime for the singing of the head of the Tong to China and playing a role as a counselor of the large head of the Tong. The crime of the sing fraud was committed in collusion with a systematic and systematic plan to share the role of money from many unspecified victims, and there is a serious need to strictly punish the Defendants who participated in the crime, and there is no disadvantage to the Defendants, including the fact that the victims did not receive any injury from the victims, and the Defendants did not receive any unfavorable punishment for the same kind of crime.

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