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(영문) 수원지방법원 2020.03.19 2020노251
사기미수
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflects his mistake in depth, that the Defendant committed an attempted crime, that the Defendant did not have a criminal record, and that there was a family member to support the Defendant in his own country.

However, the crime of this case is committed by a criminal defendant who takes charge of the collection of cash in the organization of the crime of Bophishing, and is committed by a criminal attempt by deceiving 40 million won of cash from a victim. In light of the applicable law and content of the crime, etc., the crime of Bophishing is very poor in light of the applicable law and content of the crime. The crime of Bophishing is hard to regulate because it is a secret and organized crime, and the scope of damage is not differentiated and is not easy to recover from damage, and its social harm is very high, so it is necessary to punish the criminal strictly. It is fair in sentencing with the case of the same and similar cases that the criminal defendant did not agree with the victim, and other various sentencing conditions as shown in the argument of this case, such as the defendant's age, career, character and behavior, environment, motive, means and result, etc., it cannot be deemed that the punishment of the criminal defendant is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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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