200No3046 Fraud, joining criminal organizations, activities of criminal organizations

A

Defendant

Maximum typ (prosecutions), innerly (public trial)

Attorney Kim Hyun-soo

Seoul Central District Court Decision 2020 Godan2184 Decided September 17, 2020

2020, 11, 27

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

2,60,000 won shall be additionally collected from the defendant. The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

1. Summary of grounds for appeal;

The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

2. Determination

Considering the fact that social harm caused by singing crimes is serious, and that the defendant joined two or more different criminal organizations organized for the purpose of singing crimes and acts as counselors, the defendant shall not be subject to strict punishment by sentence of the defendant, considering the unfavorable circumstances in the original judgment, including the fact that the victims acquired the victims' property in a systematic, planned, and intelligent manner, etc. However, after the issuance of the original judgment, there has been a change in the sentencing conditions, such as expressing that the victims do not want to be punished against the defendant to this court. Considering such change in circumstances and other various sentencing conditions indicated in the records, such as the defendant's age, character, conduct, environment, and circumstances after the crime, the punishment imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. Conclusion

Thus, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is judged as follows

【Grounds for the judgment in multiple cases】

Criminal facts and summary of evidence

The summary of the facts constituting the crime recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 114 of the Criminal Act (convening and activities of a criminal organization), Articles 347(1) and 30 of the Criminal Act (Fraud) of the Criminal Act, selection of each imprisonment penalty

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Additional collection:

Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

For the presiding judge and judge;

Judges Cho Jae-dae

Judge Fixed Number