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(영문) 전주지방법원 2020.11.19 2020노1313
사기등
Text

The defendant's appeal is dismissed.

Reasons

The court below accepted the application for compensation filed by B and C, and the defendant shall be deemed to have appealed the part of the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings by filing an appeal.

However, although the defendant and his defense counsel did not state the grounds for appeal regarding the part of the order for compensation in the petition of appeal and the statement of grounds of appeal submitted, and even if ex officio is examined, the above part of the order for compensation cannot be revoked and amended.

2. The summary of the reasons for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

3. It is recognized that the Defendant had no record of criminal punishment in addition to being sentenced to a fine of KRW 1.5 million by assault in the Daejeon District Court on January 19, 2017.

However, since the so-called "Singishing" fraud, such as the crime of this case, is serious harm to society as a whole, and since the role of the crime is subdivided and operated in the form of occupied organization as a result of each act, it becomes a serious social problem now, it is necessary to strictly punish the crime even if the defendant was in charge of only some of such act, and the defendant is able to fully acquire the profits of the crime by performing the role of cash collection and remittance of the Singishing organization. The defendant cannot be deemed to have a low degree of participation. Since the victim of the fraud of this case is eight, and the amount of damage is large to KRW 150,500,000,000,000, it was agreed with the victims or was not recovered at all until the trial, and the defendant's age, character and behavior, and environment.

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