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(영문) 창원지방법원 2020.11.19 2020노1872
사기등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

Judgment

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant recognized and reflected the instant crime.

Most of the fraud amount of the crime of this case seems to have been acquired by the names infinites who led the crime of this case.

However, the crime of Bosing fraud is committed in a systematic, planned, and intelligent manner, and it is very serious that the damage is caused to many unspecified victims, as well as to the ordinary people in most economically poor places.

The defendant, who directly received money from the victims, shared an important role in the overall crime, and during that process, the defendant issued to the victims a letter of confirmation of deposit payment, K in the name of E, and the letter of confirmation of loan repayment in the name of E, K, and the M in the Dispute Resolution.

The sum of money obtained by the Defendant from victims reaches approximately KRW 78 million, and the Defendant attempted to acquire KRW 15 million from the victim N.

Until now, the victims have not recovered from their damage, and they have not received any conviction from the victims.

In addition, comprehensively taking account of various conditions of sentencing, such as Defendant’s age, health status, environment, family relationship, circumstances after the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing after the judgment of the court below, the sentence imposed by the court below is too heavy beyond the scope of reasonable discretion.

The defendant's assertion of unfair sentencing is without merit.

The defendant's appeal is justified.

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