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(영문) 의정부지방법원 2020.04.09 2020노132
사기방조등
Text

The judgment below

Of the judgment of the court below, the part of "2019 Highest 2779" shall be reversed.

A defendant shall be punished by imprisonment for up to seven months.

Reasons

1. Where two or more punishments are pronounced because the scope of adjudication of this Court and facts charged were committed before and after the final and conclusive judgment, a part of an appeal may be filed separately from other parts, and both parties shall separately and separately file an appeal.

The lower court sentenced the victim B to 8 months of imprisonment with prison labor, 4 months of imprisonment with prison labor, and 2 years of suspension of execution with respect to the crime of aiding and abetting Fraud against the victim B and the crime of aiding and abetting Fraud against the victim C on the grounds that the crime of aiding and abetting Fraud against the victim B and the crime of aiding and abetting Fraud against the victim C was committed before and after the final judgment (2019No3218) and the crime of aiding and abetting Fraud against the victim C, and appealed against only the Defendant (2019No3279).

Therefore, the part of the crime of aiding and abetting fraud against the victim C is separately decided, and the scope of the judgment of this court is limited to the crime of aiding and abetting fraud against the victim B and the crime of violating the Electronic Financial Transactions

2. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

3. To the extent that social damage caused by the phishing crime is very serious, the Defendant attempted to gain personal benefits by taking advantage of the phishing crime, such as facilitating the fraud by transferring the means of access and attempting to withdraw the amount of damage.

There are unfavorable circumstances such as the defendant's committing the crime of this case without being aware of the fact that he was under suspension of execution of the same crime.

However, the sentencing reasons revealed in the proceedings of the present case, such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., are as follows: (a) the victim's report of the suspension of transaction did not actually cause damage by reporting the suspension of transaction; and (b) the defendant paid a certain amount of money to the injured party and agreed with the injured party.

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