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(영문) 대구지방법원 2015.05.07 2015노924
사기방조등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. Determination is that the Defendant made a confession of the instant crime while committing the instant crime, the number of means of access that the Defendant transferred to the Loan Fraud Group is less than three, and the Defendant’s crime of this case is limited to aiding and abetting the instant crime, the Defendant’s acquisition price of the means of access in cash is only KRW 7.50,00,000, and otherwise, it is favorable to the Defendant that there is no benefit acquired in return for aiding and abetting the instant crime.

On the other hand, the crime of the so-called "Singing", etc., in which the defendant participated, is not very good in the nature of the crime, such as that it is a systematic and planned crime, which seriously affects the trust relationship with many unspecified victims and the whole society, and is operated in the form of the occupation organization, and thus makes it difficult to detect and arrest the criminal, taking into account the structural characteristics of the crime and the current investigation conditions, there is a need for strict punishment for eradicating such crime. The defendant committed the crime of this case without being aware of the fact that he was in the period of probation, even though he was under the period of probation, and even if he was only the damage incurred by the means of access issued by the loan fraud group, it is less than 46 million won, there is no effort to recover the damage, and that the defendant had been tried several times including four times a suspended sentence.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, and the circumstances and results of each of the instant offenses, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable as it is too unreasonable.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal of this case is groundless.

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