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(영문) 서울남부지방법원 2018.04.19 2018노99
사기방조등
Text

The part of the lower judgment against Defendant A, excluding the compensation order, shall be reversed.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (unfair sentencing) committed the instant crime, which is highly likely to cause serious problems in our society, and thus requires a strict punishment for the participants. In light of the following: (i) the Defendants planned to commit the instant crime; (ii) the Defendants’ planned participation in the instant crime; (iii) the Defendants’ transmission and storage of access media; and (iv) withdrawal and transfer of the amount of damage; (ii) the Defendants’ actual participation appears to have more than KRW 120 million; (iii) the victims are multiple victims and the amount of damage exceeds KRW 160,000; and (iv) the victims were deemed to have suffered considerable economic difficulty due to the instant crime; and (v) the victims were deemed to have not recovered in full due to the instant crime, it is unfair that the lower court’s sentence (one year and two months imprisonment with prison labor for the Defendants A and two months); and (v) the Defendants’ actual participation is too unfair.

B. The Defendants recognized the entire crime of this case and are in violation of depth. Defendant A made efforts to repay damage, such as partial agreement with the victims or deposit of the amount of damage, etc. during the judgment of the court below, and paid compensation for damage to the victims who suffered damage during the period of their participation in the crime. The Defendants did not have any record of criminal punishment prior to the instant case. The Defendants were involved in the instant crime because they did not lead or planned to commit the crime, but did only take into account the process of the Defendants’ participation or the degree of their participation in the commission of the crime or the degree of their involvement in the act of withdrawing money deposited from the victims and remitting money to the account designated by the victims.

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