(영문) 창원지방법원 2020.05.08 2020노571 | 리걸엔진

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(영문) 창원지방법원 2020.05.08 2020노571

사기등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant explicitly withdrawn the assertion of mistake of facts on the first trial date.

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

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

2. The Defendant: (a) obtained a total of KRW 16,596,50 from eight victims; (b) failed to file a move-in report; (c) prevented the delivery of a call-up notice for the reserve force training; (d) embezzled KRW 5,850,00 deposited by the Bosing Victim; (c) assisted and abetted the Defendant to commit the crime by delivering the deposited money to use the account for the crimes of Bosing three times; and (d) lent one physical card with the promise of payment. Each of the above crimes committed by the Defendant is very poor.

The damage caused by each of the instant fraud, embezzlement, and aiding and abetting fraud was not recovered most, and the Defendant did not receive a letter from the victims due to each of the instant crimes.

However, the defendant is against the defendant when committing each of the crimes of this case.

One of the victims of the crime of fraud is the relative of the defendant, and the victims of the crime of fraud of Internet goods have recovered from the damage, among the cases of 2019 large group647, and the defendant does not want the punishment of the defendant among them by agreement with the victim AM and NN.

The defendant seems to have no benefit from aiding and abetting the crime of Bosing or lending one physical card.

There is no criminal record for the defendant and there is no criminal record for the punishment sentenced for the same crime.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions and the scope of recommended sentences in the sentencing guidelines, such as the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed too heavy or unreasonable.

Therefore, the defendant.

유사 판례

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-서울서부지방법원 2016.11.17 2016노1159

-서울남부지방법원 2016.11.29 2016고단5141