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(영문) 서울남부지방법원 2020.01.21 2019노1547
사기등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the court below, the defendant asserts that the defendant's imprisonment (one year of imprisonment and confiscation) declared by the court below against the defendant is too unreasonable, and the prosecutor asserts that the prosecutor is too uneasible and unfair.

2. The crime of telephone financial fraud, such as singinging, etc., requires a strong response to the crime related to singinging fraud, even if the role of the participants or personal gain is not significant in order to eradicate the crime, as long as the scope of damage is not limited to a non-discriminatory and singinging, and the damage is not easy to recover and the method of the crime is intelligent.

However, the defendant has taken part in the crime of Bosing fraud for a considerable period of time with the collection of cards or cash withdrawals, and the nature of the crime is heavy.

In addition, considering the fact that the Defendant actively committed the instant crime with the knowledge that he/she was involved in the instant crime from the beginning, such as identifying the crime through his/her accomplice B and requesting a distance from time to time, etc., and that the Defendant continues to commit the instant crime while being put on probation in accordance with juvenile protective disposition, even though he/she was put on probation, it is necessary to punish him/her accordingly.

However, at the time of preventing the Defendant from committing the instant crime, the Defendant was over 18 to 19 years of age, and there was no record of criminal punishment, and the Defendant recognized the instant crime relatively purely, and the Defendant appears to have been aware of the seriousness of the instant crime while having been detained in the juvenile reformatory due to changes in juvenile protective disposition in the investigation and prosecution process of the instant case and continuously been detained in the instant case, and the Defendant appears to have been given the opportunity of self-reliance and reflect.

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