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(영문) 서울중앙지방법원 2019.10.24 2019노2592
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 (three years of suspended execution and two years of imprisonment for each of the Defendants A and B, two years of social service and two hundred hours of imprisonment, three years of suspended execution and three years of social service and 200 hours of imprisonment for each of the Defendants C) are too unreasonable.

B. The above sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unjust.

2. The judgment of the court below is mainly intended for the victim who was placed in the body, and it is necessary to make sure that the victim has a big property loss by leaving the criminal from tracking the criminal by concealing the identity of the criminal, and thereby preventing the damage to the society as a whole by spreading the imprue and causing the cost of conviction for the prevention of the crime. The method of the crime is also poor, and even the subordinate participants, contribute to the concealment of the entire crime, and contribute to the concealment of the crime, and play an important role in the crime, and thus, it is inevitable to punish the criminal.

The role of the defendants in the crime of Bosing was the so-called " telephone counselor", and the defendants performed the above role in the Thailand.

In collusion with D, the defendant AB acquired the total of KRW 15.3 million from 11 victims, and the defendant C acquired the total of KRW 9.1 million from 5 victims, respectively, and the number of such crimes and the amount of fraud is not small.

Defendant

B has the record of being subject to criminal punishment (each fine) at least four times.

However, the Defendants did not lead the instant Bophishing crime, and only shared the simple act of implementation.

Defendant

AB has agreed with the victim WCADDAEAFAJ (the sum of the acquired money by the above victims is KRW 1,330,000) and the defendant C does not want the above victims' punishment.

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