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(영문) 서울북부지방법원 2020.03.26 2019노2051
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: Defendant’s unreasonable sentencing (in original case, three years of imprisonment and confiscation);

2. The lower court determined the above punishment by comprehensively taking account of the favorable circumstances such as the Defendant’s primary offender and the appearance of reflectiveness, the social harm and injury of the so-called Bophishing fraud crime, the role or degree of participation of the Defendant in the instant Bophishing fraud, and other unfavorable circumstances, including the fact that the Defendant’s role or degree of participation in the instant Bophishing fraud, and other factors regarding sentencing under Article 51 of the Criminal

The court below's above sentencing grounds have reached KRW 37 million, and there is little possibility that damage will be recovered, and the scope of recommendation [the scope of recommendation] according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court [the scope of recommendation] and the area of special mitigation (4 to 7 years) - The aggravated area (4 to 500 million won): ① simple fence - a person under special mitigation - a person under special mitigation : ① a person under a crime committed against an unspecified or unspecified victim, ② a case causing serious damage to the victim, the court below's punishment against the defendant is too unreasonable, even in light of the following: (a) the defendant's unsound growth environment, family environment, and the criminal proceeds acquired by the defendant are merely KRW 9.15 million; and (b) the defendant's punishment against the defendant is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

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

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