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(영문) 대구지방법원 2020.01.16 2019노4166
사기방조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and two months) imposed by the lower court is too unreasonable.

2. The judgment of the Defendant recognized his mistake and against himself, and agreed with the victim of the instant crime of aiding and abetting fraud.

However, the crime of aiding and abetting the fraud of this case is not likely to be committed in a systematic and planned manner by misrepresenting the staff of the investigative agency to transfer money to a referring to a referring account by deceiving the victim to a referring to a referring money.

The Defendant withdrawn money remitted to his own account and remitted the money to the account designated by his accomplice, and the degree of the Defendant’s crime cannot be assessed to be less and less.

The crime of violating the Electronic Financial Transactions Act also is an act that facilitates various criminal acts, such as phishing crimes, and the social harm therefrom was considered, and the account that the Defendant lent was actually used for fraud.

Defendant

In addition, each of the crimes of this case has been committed even though two times of suspension of indictment and one fine were imposed on the violation of the Electronic Financial Transactions Act.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance that is newly considered in sentencing after the sentence of the lower judgment, the sentence that the lower court rendered is too unreasonable and unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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