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(영문) 대구지방법원 2020.12.24 2020노3818
사기방조
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, confiscation) imposed by the court below is too unreasonable.

2. The judgment of the Defendant recognized the instant crime and against his mistake; the Defendant had no record of criminal punishment prior to the instant crime; and the Defendant’s health status is recognized as not good; however, the instant crime was part of the Defendant’s role in the scaming crime, which is planned and organized, based on many and unspecified persons as the object of the crime; and the Defendant committed only the part of the role of the remittance

Even in light of the fact that it is an essential role in the realization of criminal benefits, a strict punishment is inevitable, the size of damage exceeds KRW 97 million, and the damage recovery has not been made until the trial is the case. In addition, in full view of the defendant's age, character and behavior, environment, motive and background of the crime, means and result of the crime, various circumstances that are conditions for sentencing, such as the defendant's age, character and behavior, circumstances of the crime, and the circumstances after the crime was committed, and new circumstances or special changes in circumstances that are likely to be reflected in the sentencing after the sentence of the lower court, it

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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