(영문) 수원지방법원 2019.05.30 2019노442 | 리걸엔진

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(영문) 수원지방법원 2019.05.30 2019노442

컴퓨터등사용사기

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is committed by the Defendant as a telephone counselor taking part in the organization of the crime of Bosing and deceiving the victim, and the Defendant acquired pecuniary benefits equivalent to KRW 23.8 million from the victim. In light of the applicable law and content of the crime, the crime of Bosing fraud is very poor in light of the nature of the crime. It is difficult to regulate the scope of damage because it is a secret and planned crime, and it is difficult to control it because the scope of damage is a non-discriminatory and planned, and it is very difficult to recover the damage. Thus, even if there is a structural characteristic that is not easy to recover the damage, it is very significant in social harm, it is difficult to punish the victim strictly even if there is a need to punish it.

On the other hand, the fact that the Defendant led to the confession of all the crimes of this case and reflects his mistake in depth, the fact that the Defendant was involved in the Bosing and appears to have actively participated in the crimes of Bosing with the pressure of other accomplicess in China. The Defendant voluntarily deserted from the organization of the crime, and the Defendant is the first offender without any previous conviction, etc. are favorable circumstances.

In full view of the aforementioned circumstances and the equity of sentencing with cases of the same or similar nature as above, as well as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too heavy as alleged by the Defendant, or it cannot be deemed unfair because it is too unreasonable as it is alleged by the prosecutor.

Therefore, the defendant and the prosecutor's above assertion are not accepted.

3. Conclusion.

유사 판례

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