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(영문) 대구지방법원 2020.04.24 2019노5106
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In order to eradicate scam crime committed on a systematic and planned basis for many unspecified persons, it is highly likely that there is a significant social harm caused by the crime, and that the method becomes more and more and more organized, and thus, it is necessary to punish only a part of those who participated in the crime in order to eradicate it.

The role of the defendant in the crime of this case is to deliver the money that accomplices acquired through scam and remit it to the passbook, and this is to realize the criminal proceeds and to make it difficult to trace it, and the responsibility for the crime is not easy.

The above circumstances are unfavorable to the defendant.

However, considering the favorable circumstances such as the defendant's confession of all the crimes of this case, the victim's wife was agreed to pay the amount of damage to the victim during the trial period, and there is no criminal record of criminal punishment that exceeds the punishment or fine due to the same criminal conduct, the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, etc., the court below's punishment is unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is identical to the facts charged and the summary of the evidence. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution;

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