(영문) 창원지방법원 2020.06.04 2020노469 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2020.06.04 2020노469

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 2 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., two years of imprisonment) is too unreasonable.

2. The crime of Bophishing is a crime of deceiving many unspecified victims in a planned and systematic manner by sharing their roles, and there is a serious need to strictly punish the victims and society. The crime of transferring and keeping the means of access under the Electronic Financial Transactions Act is a large amount of social harm and actually used for fraud, and the total amount of damage reaches KRW 5,3910,00,00, etc. are disadvantageous to the Defendant.

However, there are circumstances favorable to the Defendant, such as the following: (a) the Defendant appears to have been aware of all the instant crimes when the Defendant was in the trial; (b) the victim expressed his intent not to punish him by mutual consent with the Defendant; (c) the Defendant does not have planned or directed the instant Bophishing crime; and (d) the Defendant takes the role of the horse group that simply implements the instructions without understanding the structure of the entire crime; (c) the Defendant’s act related to the elements of the crime of Bophishing is also in need of assessment not as conclusive intention but as willful negligence; (d) the Defendant was the first offender with no history of crime; and (e) the Defendant did not have any economic benefits acquired by the Defendant compared to the victims.

Examining the conditions of various sentencing in the records and arguments of this case, such as the sentencing of the same or similar case as the circumstance that the defendant was negligent or unreasonable, and the age, character, conduct, environment, health conditions, the circumstances of the crime, the circumstances after the crime, etc., the sentence of the court below is deemed to be unfair because it is too unreasonable.

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

3. As the appeal by the defendant is justified, Article 364 of the Criminal Procedure Act is applicable.

참조조문

-전자금융거래법

-형사소송법 제364조

유사 판례

-창원지방법원 2020.09.24 2020노1580

-서울서부지방법원 2019.03.28 2019노9

-서울서부지방법원 2021.04.13 2020노1379

-대구지방법원 2020.02.06 2019노4702

-전주지방법원 2020.11.19 2020노1313