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(영문) 수원지방법원 2020.11.19 2020노4920
사기방조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 6 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence (one year and four months of imprisonment) 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 was committed by the Defendant by taking part in the Defendant’s withdrawal of the amount of damage to the scam criminal organization and taking over Chapter 13 card in the name of another person connected to the bank account managed by the said criminal organization. When a member of another organization in the account of the said criminal organization, who was managed by the Defendant, remitted the amount of fraud, the Defendant withdrawn it and delivered it to another scam in China through scam and assisted it to the other scam in light of the method and contents of the crime. The crime of scam is very poor in the nature of the crime in light of the method and contents of the crime. The crime of scam is hard to crack down because the crime of scam is closely and systematically and it is not easy to recover the damage, and it is very significant that the scope of damage is difficult to crack, and the Defendant was not able

However, in light of the fact that the defendant recognized the crime of this case, the defendant does not seem to have committed the crime under the conclusive recognition of the substance and appearance of the Bosing crime, the total amount of damage KRW 9 million, which the defendant directly withdrawn and remitted is KRW 2 million, the number of withdrawals is only one time, and the defendant has no record of criminal punishment in Korea, and the defendant has no record of criminal punishment in Korea, taking into account the sentencing of various sentencing conditions, such as the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, means and consequence, and the circumstances after the crime, etc., the court below's punishment against the defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is reasonable and unfair.

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