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(영문) 인천지방법원 2017.06.23 2017노1356
사기방조
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant has no criminal record of criminal punishment before the instant case; (b) the defendant repents and reflects the defendant's wrongness; and (c) the defendant deposited KRW 5,00,000 in the victim C in the trial of the party, etc.

However, there is a fact that the defendant is not simply responsible for the withdrawal and delivery of funds, but the degree of participation in the crime by providing his account for fraud, etc., and the defendant received money on November 25, 2014 and received suspension of indictment on the ground of the suspected fact that he provided an account and cash card with the account. In light of this, the defendant was sufficiently aware of the risk and illegality of the act of providing the account prior to the crime of this case.

However, in light of the fact that the Defendant committed the instant crime, such as providing an account again, the total amount of damage caused by each of the instant frauds is not specified, the commission of the instant crime is organized and intelligent, which is committed closely against many and unspecified persons, and the damage caused by the instant crime is spreading considerably, and the act of participating in the instant crime is not easy to recover from damage and has structural characteristics, and thus, it is reasonable to strictly punish such act, regardless of the favorable circumstances as seen earlier, the lower court’s punishment is too unreasonable.

Therefore, the defendant's improper argument in sentencing is rejected.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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