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(영문) 서울북부지방법원 2020.04.28 2019노1913
사기방조
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds of appeal (e.g., a fine of three million won) is too unreasonable.

2. The judgment has no record of property crimes against the defendant, the defendant repents his mistake, and the defendant does not actively participate in the crime of this case, and there is a favorable circumstance for the defendant, such as that the profit of the defendant was not significant.

However, even if taking this into account, the crime of this case provides the account number of the defendant, withdraws the defrauded money deposited into the account, and aids and abets the crime of this case by delivering it to the members of the scaming criminal organization (so-called cash collection account), and the nature of the crime is very poor in light of the law and content of the crime. The crime of scaming is very weak in view of the fact that it is difficult to crack down because the method of the crime of scaming is narrow and planned, and it is not easy to recover the damage, and there is a very structural character that is not easy to recover the damage. Therefore, even if aiding and abetting the crime of this case, it is necessary to strictly punish the crime, and even if aiding and abetting the crime of this case, it is not yet supported even if the damage is great, it is not even supported by the victim's damage recovery. In full view of various sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the situation after the crime.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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