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(영문) 전주지방법원 2020.10.27 2020노933
사기등
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 decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The so-called “singishing” crime, such as the instant crime, is serious harm to society as a whole, as well as the role of society is subdivided and operated in the form of occupied organization as a result of each implementation act, and thus, becomes a serious social problem now. As such, even if only a part of the act is performed, it is necessary to punish the offender, and the Defendant played a role to fully acquire the profit of the crime as a means of cash collection and remittance by the Bosing organization.

However, in light of the circumstances favorable to the defendant, including the fact that the defendant is divided into and against his criminal act from the investigation stage to the trial of the court, the fact that the defendant's acquisition profit is not significant, the victim G on July 1, 2020 and the fact that the defendant paid 5 million won to the victim G on July 16, 2020, and 8 million won to B on July 16, 2020, and agreed smoothly with the above victims and the above victims. At the time of the crime of this case, the defendant had no record of criminal punishment as a minor. At the time of the crime of this case and the judgment of this case, the crime of this case and the crime of fraud should be considered at the same time, and the fact that the family members of the defendant want to take the guidance of the defendant and want to take advantage of the defendant's age, character, environment, and other factors, the punishment of the court below is somewhat unreasonable

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

【The reasons for the judgment of multiple times】 The facts constituting the crime and the summary of the evidence recognized by the court are stated in the lower court, and the summary of the evidence is stated in the lower court’s order: the report on the results of the previous disposal science.

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