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(영문) 의정부지방법원 2020.06.25 2020노38
사기방조
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The Defendant, through the instant crime, participated in the instant crime as “singing”.

The victim suffered damage from remitting 20,000 won to the defendant's account.

There is no circumstance to deem that the above damage was compensated.

On August 7, 2018, the Defendant already received a summary order of KRW 3 million from the Daejeon District Court on the charge of violating the Electronic Financial Transactions Act.

The victim expressed in the investigative agency that the victim would be punished for the person involved in the relevant crime.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.

The crime by the crime of this case is a concurrent crime under the latter part of Article 37 of the Criminal Act with the crime in which judgment of the court below became final and conclusive, and a sentence shall be imposed concurrently in consideration of equity with the case where judgment is rendered.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the sentence of the court below is deemed appropriate.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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