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(영문) 서울고등법원 2021.03.17 2020노2326
범죄단체가입등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months for each imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to the lower court, and the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The Defendants recognized their mistake and against themselves.

In 2014, the Defendants appeared to have become aware of the fact that they are members of the criminal organization of Bosing (telecommunications fraud) after their arrival in China, and voluntarily depart from the organization around August 2015.

The family members or branch members of the Defendants want to take the measures against the Defendants.

These circumstances are favorable to the Defendants.

On the other hand, the Defendants joined the Bosing (Telecommunications Financial Fraud) criminal organization for one year after becoming an organization in China, and play a role in the so-called “the creation of the president” to select the victims who attempted to commit the Bosing by telephone based on personal information data database. In light of the criminal contents, such as the period of the crime, the degree of participation, etc., the nature of the crime is not easy.

In particular, singishing crimes have become more intelligent and appeared in the new type of law, and the social harm caused by the above crime is also very serious and the need for punishment is very serious.

After the investigation into accomplices began around 2016, the Defendants intentionally avoided their demand to attend the investigative agency by not using financial transactions or mobile phones in the name of the Defendants, and the circumstances after the crime are not good.

Defendants had the record of being sentenced to the suspension of the execution of imprisonment due to the crime of soliciting the passbook used for Bosing even during the around 2011.

An accomplice who participated in the crime of this case

W is the organization, system, and organization of the instant criminal organization.

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