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(영문) 대전지방법원 2019.05.30 2019노789
사기방조
Text

The judgment below

The part of the defendant's case shall be reversed.

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

except that this judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months and compensation order) of the lower court is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of unfair sentencing, the Defendant took part in the Defendant’s withdrawal and delivery of cash in a single singinging criminal act, such crime is organized and planned, and causes a large number of unspecified citizens to be discriminated against, and thus, social harm is very high. Therefore, there is a need for strict punishment, multiple victims have occurred, and the total amount of fraud exceeds KRW 25 million, etc., which are disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant, such as the motive, circumstance, means and method of the crime, the degree of the defendant's participation in the crime, and the circumstances before and after the crime, age, character and conduct, career, environment, etc., the court below's punishment against the defendant is too unreasonable, and it is recognized that the defendant's punishment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

B. When the defendant, ex officio, files an appeal against a conviction regarding the part of the compensation order against the applicant for compensation by the court below, the compensation order pursuant to Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is transferred to the appellate court along with the defendant's case even though he does not object to the compensation order, and thus, the part of the compensation order against

The defendant has reached the trial.

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