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(영문) 대전지방법원 2020.08.27 2020노1659
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than 10 months) of the lower court’s sentencing is unreasonable.

2. The Defendant, by participating in the Bosing crime, acquired money from the victim in collusion with the victim. In light of the fact that the Defendant participated in the crime of Bosing with a very great amount of social harm, and that the degree of participation cannot be deemed minor, such as receiving the victims or remitting money to the account managed by a superior organization upon the instruction of the superior organization staff, and that it is necessary to impose strict liability corresponding to the Defendant when considering the fact that the Defendant is a high amount of damage, such as receiving the victim's money or remitting it to the account managed by the superior organization.

However, the court below's punishment against the defendant is too unreasonable in full view of the defendant's age, career, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc., which are similar to all of the sentencing factors as shown in the argument of this case, such as the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, etc., should be considered in light of the fact that the defendant has no record of being subject to criminal punishment for the same crime before the crime of this case, and that the victim has not want to be punished for the defendant by mutual consent with the victim.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act, which covers the fraud of the choice of punishment for the crime;

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