(영문) 수원지방법원 2020.06.04 2020노1489 | 리걸엔진

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크기(pt)

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자간(%)

(영문) 수원지방법원 2020.06.04 2020노1489

사기등

Text

The defendant's appeal is dismissed.

The defendant shall pay 11,00,000 won to an applicant for compensation.

The above compensation order shall be.

Reasons

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

2. It is recognized that the Defendant recognized the instant crime and reflects his mistake in depth, that the Defendant does not seem to have committed the instant crime under a conclusive recognition of the substance and appearance of the Defendant, that the Defendant does not seem to have much profits generated from the instant crime, that there is no criminal history for the Defendant, and that the Defendant’s family members are treated jointly.

However, the crime of this case is that the defendant took part in the collection and remittance of money to the organization of the crime of Bophishing and repeatedly acquired money. In light of the method and contents of the crime, especially the damage amount exceeding KRW 70,000,00,000, the crime of this case is very poor and very heavy. The crime of Bophishing is hard to crack down because the crime of this case is tight and organized, and it is difficult to crack down because the scope of damage is differentiated and is not easy to recover damage, and there is a structural characteristic that is not easy to recover damage, so it is necessary to strictly punish the defendant because the damage is very high in social harm. The damage has not been recovered until now and the defendant did not endeavor to recover damage. Considering the equity in sentencing with the same and similar incidents, and other various sentencing conditions of the defendant's age, career, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime of this case, it cannot be deemed that the sentence of the court below is too unfair.

Therefore, the defendant's above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. Since the application for compensation order by the applicant for compensation at the trial is with merit, the applicant for compensation is accepted and the applicant for compensation is guilty in this case

참조조문

-형사소송법 제364조 제4항

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