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(영문) 광주지방법원 2020.09.09 2020노1185
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is committed by the Defendant, taking part in the collection of cash in the crime of Bosing, and by taking part in the crime of this case, the sum of KRW 60,280,000 from the two victims, and by taking over KRW 10,000,000 from the two victims, and is attempted to commit an attempted crime.

보이스피싱 범행은 불특정 다수의 피해자를 상대로 조직적ㆍ계획적ㆍ지능적으로 이루어지는 범죄로 그 죄질이 매우 나쁠 뿐만 아니라, 그로 인한 사회적 폐해도 매우 심각하므로 그 하위 가담자들에 대해서도 단호한 처벌이 불가피하다.

The Defendant, who received cash directly from the victims and remitted money to another place, was in charge of the crime of Bosing, and was actively involved in the crime of Bosing, such as: (a) the Defendant is a subordinate participant; (b) the Defendant is a person with no name or duty, and returned to a variety of places under the specific direction of the person with no name or duty; and (c) talking about the victims’ false name and duties in accordance with the direction and conducting a part of the deception.

On the other hand, the defendant shows his attitude to recognize and reflect his criminal act, and the defendant has no other penalty power than a fine of this kind once.

The victim B expressed his intention not to punish the defendant after receiving partial recovery from the damage.

It seems that the profit gained by the defendant by participating in the crime of this case is not significant.

In full view of the Defendant’s age, character and conduct, environment, motive, means, consequence, circumstances after the crime was committed, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, taking into account all the sentencing conditions and sentencing criteria as indicated in the instant argument.

Therefore, the defendant and prosecutor's argument of unfair sentencing is all.

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