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(영문) 대구지방법원 2020.11.12 2020노2928
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and six months) by the court below (e., imprisonment and one year and six months) is too unreasonable.

2. The fact that the Defendant recognized the instant crime and reflects his mistake when it comes to the trial, and that there was no criminal record prior to the instant case is favorable to the Defendant.

However, the crime of this case was committed by many unspecified persons as a subject of crime, and was involved in the so-called voiceing crime that is planned and organized as a target of crime, and the amount of damage exceeds 195 million won, and the defendant committed only the part of the role of the collection and remittance of cash.

Even if this is an essential role in realizing the profit from the crime, even though the investigation was conducted by an investigation agency as a part of the crime of this case, the defendant repeats the crime even thereafter, and the defendant also acquired 2% allowance for the remittance amount to the crime of this case. In full view of other various circumstances, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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