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(영문) 서울남부지방법원 2019.09.24 2019노784
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

The seized opon XS.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment and confiscation) is too unreasonable.

2. The telephone financial fraud crime such as scam, etc. requires a strong response even if the role of the participants or personal gains are not significant in order to eradicate the crime since the scope of damage is not limited to a non-discriminatory and scam, but the damage is not easy to recover, and the criminal act is also intelligent and thus the social harm is very high.

The defendant committed the crime of keeping the means of access used for committing the crime of Bosing criminal organizations on several occasions, and repeatedly participated in the crime of taking fraud against three victims and attempted fraud against one victim, which are necessary to complete the crime of Bosing. The nature of the crime is heavy.

In addition, it appears that the defendant took part in the crime of the instant Bophishing criminal organization from obtaining a certain percentage of the withdrawal amount, and according to the Messenssenssenssenssenssenssenssenssenssenssenssenssis with the accomplice who ordered the defendant to commit the crime, the defendant's activeness also appears to have been observed (it cannot be recognized because the defendant alleged that he could not have committed the crime only by intimidation during the investigation and trial process, but it is merely a vague assertion.) The defendant seems to have sufficiently recognized the illegality of the crime of the instant case at least at least

However, the Defendant appears to have lived faithfully before he was involved in the instant Bophishing criminal organization in the circumstances where the 20th middle-class young children who graduated from the college of flowing water in China. However, the Defendant’s friendly relatives, such as parents, outcomings, etc., and Koreans wish to live in Korea on several occasions, and five physical card cards, which the Defendant was found at the police.

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