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(영문) 수원지방법원 2019.11.28 2019노5589
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unfased and unreasonable.

2. It is recognized that the judgment of the defendant led to the crime, that the crime of this case is one-time fraud, that the defendant has a family member in need of support, including a child who has been born six months after his/her birth.

However, the crime of this case was committed by the defendant in the way of delivering damages exceeding KRW 15 million by cash delivery, and the nature of the crime is very poor in light of the applicable law and contents of the crime. The crime of Bosing is hard to regulate because the crime of this case is very differentiated and organized and is not easy to regulate the scope of damage, and there is a structural characteristic that is not easy to recover damage. Thus, even if personal gains are not significant, there is a need to strictly punish the participants. After receiving cash collection from H, the defendant deducted KRW 150,000 from the “B,” and submitted evidence to the effect that “I would like to find a money exchange site” from the investigative agency to the court below, and the defendant did not have any motive to recover from the crime of this case as a whole, and the defendant did not have any other circumstances such as the defendant’s age and condition that he was unable to recover from the crime of this case.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the appeal is followed again.

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