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(영문) 광주지방법원 2020.12.16 2020노2530
사기
Text

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 and two months of imprisonment) is too unreasonable.

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

2. The Defendant shows an attitude to recognize and reflect his criminal act at the latest.

The profits earned by the defendant from the crime of this case are not much compared to the amount of damage, and there is no criminal power to punish the defendant over the suspension of execution.

Victim D and G do not want the punishment of the defendant under the agreement with the defendant, and the victim N expressed the intention that the defendant is not subject to punishment by mutual consent with the defendant.

On the other hand, the crime of this case aiding and abetting the criminal defendant to take part in the collection of cash and take part in the crime of 6,150,000 won from five victims.

보이스피싱 범행은 불특정 다수의 피해자를 상대로 조직적ㆍ계획적ㆍ지능적으로 이루어지는 범죄로 그 죄질이 매우 나쁠 뿐만 아니라, 그로 인한 사회적 폐해도 매우 심각하므로 그 하위 가담자나 방조범들에 대해서도 단호한 처벌이 불가피하다.

Although there are different laws, the defendant committed the crime of this case even though he had the record of punishment for the crime of fraud.

Comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

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

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