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(영문) 서울북부지방법원 2019.02.01 2018노2109
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court against the Defendant is too unreasonable.

2. The defendant's judgment on the grounds for appeal by the defendant acknowledged the crime up to the trial of the court, and repents his mistake, and there is no particular criminal record in Korea prior to the crime of this case.

In the trial of the trial, the defendant paid 2 million won to the victim C, and the above victim is not punished against the defendant by agreement.

On the other hand, the crime of this case is a so-called "wishing" crime, which takes part in the role of a large number of people in accordance with a thorough plan, and is a so-called "wishing" crime, which takes money from an unspecified number of victims systematically

In the case of such Singishing crimes, not only the total liability but also the participation of subordinate officers such as withdrawal books, money exchange books, remittance books, passbook recruitment books, card delivery books, etc. Therefore, there is a need to strictly punish subordinate employees' participation.

Furthermore, the crime of this case is committed by the victim's taking advantage of the safety of the victim's children, and its nature is not very good.

The defendant did not only collect the victims' money but also play a very important role in the whole crime by transferring the money to a foreign country through money exchange.

The defendant has repeatedly committed each of the crimes of this case four times.

This is a large amount of money that is obtained or attempted to obtain by fraud, and that amount is about 47 million won in total, and most of the damages have not been recovered until the trial is held.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and the circumstances after the offense, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, it is true.

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