logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.01.09 2019노2029
사기방조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. Prosecutor: The sentence imposed by the lower court is too uneasible and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

In full view of the following circumstances and other factors, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, the lower court’s punishment seems too heavy.

① The lower court denied the criminal intent against the crime of aiding and abetting fraud, but the lower court led to the confession of all the crimes, such as making a confession once in the trial, and the crime of aiding and abetting fraud was committed.

② The victim F was agreed upon in the trial and repaid the full amount of the amount of damage.

F does not want to punish the accused.

③ The amount of KRW 6 million out of the amount of damage related to the fraud of the victim Q Q was recovered at the place of arrest.

④ It appears that the benefits acquired from the instant crime were not significant.

(No evidence exists to deem that there is a benefit acquired by the defendant in addition to KRW 900,00 which the defendant stated). (5) There is no record of the same kind of crime, and there is no record of property crime.

(6) A branch has social ties, such as boosting the wife, and is in the position of supporting the elderly mother and the first school students.

1 The crime of Bophishing fraud is not only a planned, systematic and intelligent act against many and unspecified persons, but also a serious damage to the victims, but also a crime of poor quality.

② The Defendant received a physical card to be offered for such crime, and then withdraws 9 million won deposited by the victim of Bophishing, and remitted it to the co-offender’s instructions. In addition, the Defendant attempted to receive 6 million won out of the money deposited by another victim of fraud from the withdrawingr under the instructions of the co-offender, and is arrested in the act of committing the crime.

arrow