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(영문) 서울중앙지방법원 2020.09.29 2020노1395
범죄단체가입등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years, for one year and four months, for Defendant B, and for two years.

Reasons

1. The sentencing of the court below (the sentencing of the defendant A: imprisonment of three years, additional collection of twenty thousand won, the imprisonment of two years, the additional collection of seven million won, the defendant C: imprisonment of three years, the additional collection of three years, the additional collection of three years) is too unreasonable.

2. As to the crime of this case, the crime of singishing, which is organized and planned for many and unspecified persons, not only causes economic damage to the victim, but also causes significant social harm to the general public of society, financial companies, etc., and it is necessary to strictly punish only a part of the crime in order to eradicate the tendency that the method of crime becomes more complicated and organized. The Defendants joined the organization of singishing fraud which is organized systematically for many and unspecified persons, and play the role of "cing passbooks" and "cing recruitments" which are to be used for such fraud, and thus play the essential role in the act of deception. It is not bad that the crime of this case is not committed, the period for gathering the crime of this case is less than 80 million won (excluding the defendant A, C: 1 year and 2 months, and 5 months), and the amount of damage still remains more than the total amount of damage (excluding the defendant's 200 million won and the defendant's 4.7 billion won and the victim's remaining amount of damage).

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