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(영문) 광주지방법원 2020.09.16 2020노1626
사기
Text

The judgment below

The part, other than the rejection of the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The instant crime on the assertion of unfair sentencing is an act of acquiring KRW 19810,00 from six victims by taking part in the Defendant’s cash collection liability for the crime of Bosing.

보이스피싱 범행은 불특정 다수의 피해자를 상대로 조직적ㆍ계획적ㆍ지능적으로 이루어지는 범죄로 그 죄질이 매우 나쁠 뿐만 아니라, 그로 인한 사회적 폐해도 매우 심각하므로 그 하위 가담자들에 대해서도 단호한 처벌이 불가피하다.

The Defendant directly received cash from the victims and transferred the money to another place, but the Defendant is a subordinate participant, but the Defendant returned to a variety of places under the specific direction of the person who was unable to receive his/her name and collected cash, and actively participated in the phishing crime by talking about the false position to the victims in accordance with the instructions given during the collection process, and directly performing part of the deception.

On the other hand, the defendant shows his attitude to recognize and reflect his criminal act, and the defendant is the first offender who has no criminal power.

It is difficult to view that the profits earned by the Defendant by participating in the instant crime is larger than the fraud amount at a number of KRW 10,000 per time.

The victim P and R expressed their intention that the victim P and R were partly recovered from damage and that they were not punished.

In full view of the Defendant’s age, character and conduct, environment, motive, means, consequence, etc. of the crime, and all of the sentencing conditions and sentencing criteria as indicated in the instant pleadings, including the above circumstances, it is unreasonable to maintain the sentence of the lower court as it is.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. The trial; and

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