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(영문) 서울북부지방법원 2019.05.03 2019노466
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

A certificate of seized B card (credit card number:C) shall be issued.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and confiscation) imposed by the court below is too unreasonable.

2. The singishing crime, in which the Defendant participated, is a very bad and socially harmful crime that is committed not only in a systematic and planned manner, but also in a short time by causing damage to many unspecified persons, affecting trust among members of society, and impairing the financial transaction order in our society.

The defendant served as a role in delivering money to an order received account according to the instructions of Bosing staff. Considering the degree of participation in the crime, the period and frequency of the crime, the total amount of damage, and the fact that the defendant clearly perceived that he is involved in the crime from the beginning, the nature of the crime is heavy.

The defendant was aware that he would be used in the singishing crime, and the defendant was in custody with a scam card delivered.

This is disadvantageous to the defendant.

On the other hand, the defendant is both aware of and against all crimes.

In agreement with all victims, the victims expressed their intention that they do not want to punish the defendant.

It is an initial crime with no criminal history.

This is the circumstances favorable to the defendant.

Considering the aforementioned circumstances together with various conditions of sentencing, including equity in sentencing with the same or similar case, Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence imposed by the lower court is deemed to be too unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered again

【Grounds for the Judgment of the Supreme Court】 Summary of facts constituting a crime and evidence are recognized by the court.

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