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(영문) 대구지방법원 2020.05.08 2019노5072
사기방조
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.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. In order to eradicate scam crime committed on a systematic and planned basis for many unspecified persons, it is highly likely that there is a significant social harm caused by the crime, and that the method becomes more and more and more organized, and thus, it is necessary to punish only a part of those who participated in the crime in order to eradicate it.

The role of the defendant in the crime of this case is to deliver the money that accomplices acquired through scam and remit it to the passbook, and this is to realize criminal proceeds and to make it difficult to trace it, and the responsibility for the crime is not less easily.

The above circumstances are unfavorable to the defendant.

However, considering the favorable circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case and all of the sentencing conditions shown in the records and arguments of this case, such as the fact that the defendant led to the confession of all the crimes of this case, the victim's wife by payment of damages to the victims during the trial period, and the victim's consent to consent, and the criminal records other than the one sentenced to a fine once, there is no criminal records other than the one sentenced to a fine, the court below's punishment is unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is identical to the facts charged and the summary of the evidence. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Aid and mitigation Criminal Act.

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