logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.11.12 2020노4663
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

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

The crime of this case is due to the following circumstances: (a) the Defendant took part in the collection of the damage amount to the organization of the Bophishing criminal organization; (b) defrauding KRW 6.4 million from the victim B; and (c) arrested the victim in addition to KRW 4.9 million; and (d) he attempted to commit an attempted crime; (b) the nature of the crime is very poor and highly heavy; (c) Bophishing crime is very poor and organized; (d) it is difficult to crack down because it is hard to control because the method of the crime is very strict and organized; and (e) it is not easy to recover the damage; and (e) the damage has not been recovered; and (e) the fact that the Defendant failed

On the other hand, in full view of the fact that the defendant recognized the crime of this case and against his mistake, some crimes are committed, and the defendant did not seem to have committed the crime under the conclusive recognition of the substance and appearance of the scam crime, the defendant was sentenced to a fine due to the crime of violation of the Road Traffic Act by drinking driving in 2012, and there are no other criminal records except the defendant was sentenced to a fine due to the crime of violation of the Road Traffic Act by drinking driving in 2012, and the defendant's age, character and behavior, environment, motive and background, means and consequence of the crime, and the sentencing of a similar case as shown in the records and arguments of this case, such as the circumstances after the crime, it cannot be deemed that the court below's punishment is too heavy as

Therefore, we cannot accept all the above arguments of the defendant and prosecutor.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and thus, they are each filed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow