(영문) 울산지방법원 2021.03.25 2020노1499 | 리걸엔진

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(영문) 울산지방법원 2021.03.25 2020노1499

사기방조

Text

All appeals by the defendant and the prosecutor are dismissed.

The defendant shall obtain money of KRW 20,00,000 from the applicant N to the applicant for the trial compensation.

Reasons

The main reason for appeal by the defendant is that the court below's punishment is too heavy, and the reason for appeal by the prosecutor is too minor for the court below's punishment.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case, agreed with some victims, and the victims do not want the punishment of the defendant, etc.

On the other hand, the defendant committed each of the crimes of this case as a liability for collecting cash of the Bosing criminal organization, and there are many victims and victims, and the amount of damage is not much, and Bosing crime cannot be completed without participation in cash collection measures, and there is a victim who did not reach an agreement with the defendant, and among them, N submitted a written application for the correction of the defendant's punishment against the defendant.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all the sentencing conditions indicated in the records, such as the circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable, hot or minor, beyond the scope of sentencing discretion.

shall not be deemed to exist.

3. According to the evidence duly adopted and examined by the court below regarding the application for a compensation order for the trial, the defendant can be found to have acquired 20,000 won from the applicant for compensation for the trial, so the defendant is liable to pay the above money by deceit to the applicant for compensation for the trial.

4. Conclusion, all appeals filed by the Defendant and the prosecutor are dismissed, and the application for compensation filed in the trial is well-grounded, so the order for compensation by the applicant for compensation shall be issued to the Defendant pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and provisional execution of the above order for compensation shall be imposed pursuant to Article 31(3) of the same

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