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(영문) 부산지방법원 2020.09.18 2020노1763
범죄단체가입등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment of two years and two months, and by imprisonment of two years and eight months, respectively.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for 2 years and 8 months, additional collection of 31 million won, Defendant B: imprisonment for 2 years and 10 months, and additional collection of 28 million won) is too unreasonable.

2. The crime of this case was committed by the Defendants by taking part in the singishing criminal organization and taking part in the crime that pretended to acquire the criminal proceeds by deceiving many and unspecified persons in total, 92,035,759 won, and the criminal liability is heavy in light of the circumstances, methods, and scale of damage, etc.

The Defendants are limited to the degree of participation in the instant crime, such as acting as a manager-level organization of the call center.

The crime of Bosing fraud is organized, planned, and intelligent, so it is difficult to crack down, and the social and economic harm caused by the crime is very serious.

On the other hand, the Defendants recognized all of the instant crimes.

The Defendants agreed with the victim BR and BT in the lower trial, and the Defendant A expressed that the above victims did not want to be punished against the Defendant A in addition to the victim BK, BM, BN, BU, and BV in the appellate trial.

The equity between the instant crime and the Defendants ought to be taken into account when a judgment is rendered at the same time with regard to fraud, etc.

In addition, in full view of the period of the Defendants’ activities and the age, environment, family relationship, motive of the crime, means and result of the crime, etc. of the Defendants, the sentencing of the lower court against the Defendants is deemed unreasonable.

The Defendants’ assertion of unreasonable sentencing is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is with merit, and the following judgment is rendered again after pleading.

【Reason for the Judgment of the Supreme Court】 Summary of facts constituting a crime and evidence.

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