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(영문) 서울중앙지방법원 2019.06.14 2019노248
범죄단체가입등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

, however, from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. The Defendants (unfair punishment) committed by the lower court against the Defendants are deemed to be so unfair that each punishment (one year and six months of imprisonment) imposed by the Defendants is too unreasonable.

(The Defendant explicitly withdrawn the assertion of mistake of facts on the first trial date. Defendant A’s defense counsel stated a mistake of facts again on April 17, 2019 and on May 29, 2019, but on the third trial date, the argument of mistake of facts was made on the grounds of unfair sentencing on the grounds of the fact that is the premise of sentencing).

Each type of punishment sentenced by the court below to the Defendants is too uneasible and unfair.

2. The Defendants’ act as a target of crime by taking an unspecified number of the Defendants into account a financial fraud organization organized in a planned and organized manner as a target of crime under the Bophishing Act, and the commission of fraud is low, and the quality of the crime is not somewhat less and more likely to be subject to criticism.

The Bosing fraud is a fatal and planned method of crime, so it is difficult to crack down, and the scope of damage is non-discriminatory and narrow, as well as the recovery of damage is not easy, and such social harm is very high.

The victims of the instant case remitted the amount of damage by receiving additional loans, etc., which bear higher interest than that of the existing high interest loan by the phrase that the existing high interest loan has been changed into low interest rate loan. It is also a lot of damage.

Even after becoming aware of the fact that the Defendants himself/herself was the crime of Bosing, the Defendants did not immediately discontinue the crime, and participated in the instant crime for a considerable period of time while entering and departing from the Republic of Korea, and acquired profits from the crime as monthly salary during the period of participation in the crime.

However, all the Defendants make confessions and reflects on crimes as a first offender with no criminal record.

The crime of this case was committed in the past five years prior to the arrest of the Defendants, resulting in marriage between the Defendants and the Defendants.

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