(영문) 서울중앙지방법원 2020.01.17 2019노2569

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(영문) 서울중앙지방법원 2020.01.17 2019노2569

범죄단체가입등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of 2 years and 10 months, Defendant B's imprisonment with prison labor of 1 year and 4 months and Defendant C.

Reasons

1. The summary of the grounds for appeal by the Defendants is too unreasonable in the lower court’s respective punishment (i.e., three years of imprisonment; (ii) 9.5 million won of collection; (ii) 2 years of imprisonment; (iii) 600,000 won of collection; and (iv) 3 years of imprisonment with prison labor; and (iv) 9 million won of collection.

2. The Defendants, taking part in the Bophishing organization located in China, continued to commit a crime against many unspecified victims for a considerable period of time. The details, means, methods, and nature of the crime are very poor.

In contrast to the fact that it is not easy to recover damage due to the fact that the crime of Bophishing was committed in a planned and occupied organization and caused serious damage to many victims, it is not easy to recover damage, and it is also serious social harm as well as personal damage.

Furthermore, even though the Defendants are aware of the fact that they are taking part in the Bosing criminal act, they do not seem to have taken part in the criminal act, such as directly taking charge of the act of fraud as a counselor or managing the victims' contact information and the passbook to be used for the criminal act. In light of the fact that the majority of the victims revealed in the facts charged and the amount of damage is large, it is inevitable to impose a

However, up to the time of the trial, the Defendants appear to be against each of the crimes of this case, and there is no record of direct consideration or criminal punishment exceeding the fine, the profits earned by the Defendants through the commission of the crimes are much smaller than the amount of damage revealed in the facts of the crime, and Defendant A agreed to compensate part of the damage to some victims, Defendant C also agreed to compensate for the part of the damage. In particular, in the case of B, the relatively short period of participation, the amount of damage is relatively short, the amount of damage is relatively low, and the entire agreement is reached with the victims, and each of the Defendants was revealed by the period of participation, the amount acquired, and evidence.

유사 판례

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-서울중앙지방법원 2021.03.31 2020노3352