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(영문) 창원지방법원 2020.09.24 2020노1580
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 2 shall be confiscated.

Reasons

1. Each prosecutor appealed to the effect that the Defendant is too uneasible to the summary of the grounds for appeal (e.g., 10 months of imprisonment and forfeiture) by the lower court, with respect to the punishment (e.g., 10 months of imprisonment) declared by the lower court.

2. We examine both the Defendant and prosecutor’s assertion of unfair sentencing.

Except as sentenced to a fine due to a violation of the Guarantee of Automobile Accident Compensation Act in 2019, the fact that a defendant has no criminal records, the fact that there is no criminal records, the economic lack due to his/her unemployment seems to be a major motive for committing a crime, the fact that he/she has engaged in community service activities in peace, and the fact that the defendant's profit from the crime in this case is not much significant to KRW 1.4 million, may

However, the defendant misrepresented the victims directly or falsely, presented a false certificate of payment to the employees of financial institutions, and led them to receive cash and transfer it to other assistant employees.

Therefore, it is difficult to regard the defendant's role in the crime of Bophishing fraud of this case as "a simple collection measure", and the defendant's intent to share the acts related to the elements of the crime also needs to be evaluated as conclusive intention.

In addition, the crime of Bosing is a crime that induces many unspecified victims in a planned and systematic manner by sharing the roles of a large number of people, and therefore, the harm and harm inflicted on the victims' individual and society is serious, so it is necessary to strictly punish the defendant even though he does not have any profit.

The victims are four victims (not including attempted victims), and the total amount of damage reaches KRW 76.5 million, and the damage was not completely recovered.

As above, the court below examined the following conditions: equity between the sentencing of similar cases and the sentencing of the defendant, as well as the defendant's age, character, character, environment, health conditions, circumstances after the crime, etc., and various conditions of sentencing as shown in the records and arguments of this case.

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