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(영문) 대구지방법원 2020.02.14 2019노4900
사기방조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In order to eradicate scam crime committed on a systematic and planned basis for many unspecified persons, it is highly likely that there is a significant social harm caused by the crime, and that the method becomes more and more and more organized, and thus, it is necessary to punish only a part of those who participated in the crime in order to eradicate it.

The role of the defendant in the crime of this case is to withdraw the money that accomplices acquired through Bosing through delivery of so-called a passbook, and to transfer it to Bosing passbook, and this is to realize criminal proceeds and to make it difficult to trace it, and the criminal liability is not against the law.

The above circumstances are unfavorable to the defendant.

However, in light of the favorable circumstances such as the defendant's confession of all of the crimes of this case and the fact that there is no specific criminal power except that the defendant was sentenced once to a fine, the court below agreed with the victim P, and the remaining victims K have agreed to pay the amount of damage and agreed to do so, and the victim's health seems not good, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the court below's punishment is unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, it is in accordance with Article 369 of the Criminal Procedure Act.

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