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(영문) 서울중앙지방법원 2020.09.21 2020노2048
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (one year of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

The judgment of the court below has deserted the sentencing criteria for fraud.

2. We also examine each of the allegation of unfair sentencing by the defendant and prosecutor.

A. Unfavorable normal crimes of this case are cases where the Defendant, as a subordinate staff member of the telecommunications-based financial fraud organization, collected the amount of damage from the victim and deposited without passbook in the account designated by the superior personnel, or carried out the role of keeping the check card in the name of another person to be used for the crime from the nominal holder. It is very poor in that many of its members conspired to commit the crime closely and closely, and committed the crime in a systematic and planned manner according to their roles sharing.

Since the crime of Bosing is likely to cause damage to the victim's property at the same time, the harm from the personal level is considerable, as well as the social and economic harm is very serious, such as the destruction of trust among the members of society and the disbursement of a large amount of social costs.

In addition, it is difficult to arrest the staff due to the nature of the crime, and even if the arrest is made, it is difficult to recover the damage to the victim.

In this case, the Defendant received from the victim a delivery of KRW 28 million from the victim according to the direction of the higher-ranking staff, and did not reach any agreement on the recovery of damage or damage, even though the scope of damage is considerable.

B. A favorable normal defendant seems to have committed a crime in the first instance, and his attitude to recognize and reflect on it.

It does not seem that the defendant had a conclusive perception that he/she was working as an organization of singing crimes.

The Defendant did not lead, plan, or direct the crime of Bophishing, but did not lead, plan, or direct the crime of Bophishing.

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